We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. Chandler: Most certainly did. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. Copyright 2023, Thomson Reuters. For the reasons stated above, we affirm the trial court's denial of postconviction relief. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. Having made this choice, he must suffer its natural consequences. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Do you understand that? In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Stay up-to-date with how the law affects your life. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. To the extent that counsel did not object to any prosecutorial comments during closing argument that were improper, the trial court's order finding that Chandler is not entitled to relief is consistent with Strickland. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Court: And it is your decision that you have instructed your lawyer not to call these people. Gore arrived in Tampa on January 31, driving a black Mustang. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. That really isn't my concern. That puts Mr. Chandler in a tough dilemma. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. what is virgo spirit animal. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. The calls were placed to a number registered to Debra Chandler, Chandler's wife. Mays had testified to these issues during the State's case-in-chief. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. 488 So.2d at 55. In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. Please try again. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. DiGuilio, 491 So.2d at 1135. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. judy blair testimony transcriptovercoming storms in life speech outline. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. Therefore, even if these statements were poorly expressed, they were not improper. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. denied, 537 U.S. 1067, 123 S.Ct. Make an Appointment. denied, 522 U.S. 846, 118 S.Ct. We find that the Corolis crime does have the required pervasive similarities. V, 3(b)(1), Fla. Const. Chandler told Stephenson that one of the girls was very attractive. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). We agree. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. Since the defendant opened the door on that subject, we concluded that the trial court did not abuse its discretion in allowing questions about evidence linking the defendant to the crime. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. (Supp.1994). After meeting the women at a convenience store, Chandler, who identified himself as Dave, arranged to take them out on his boat the next day. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. 2d 1031, Docket Number: map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). *1033 Baya Harrison, Monticello, FL, for Appellant. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Video Testimony; Kaitlin. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. Gore also argues that the similar features of the two crimes are not sufficiently unique to serve as evidence of identity While the common points between the Corolis assault and the Roark murder may not be sufficiently unique or unusual when considered individually, they do establish a sufficiently unique pattern of criminal activity when all of the common points are considered together. Chandler told them that he knew the area and that . From Free Law Project, a 501(c)(3) non-profit. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. (Emphasis added.) Appellee's Answer Brief at 45. This Court stated that "[b]ecause none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this claim." No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. Select Page. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Blair had been with her friend . 7. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. at 189. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. I have never-its's ludicrous. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. I said, that's fine. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. 90.612(2), Fla. Stat. When asked why, Chandler told Cooper that he had a date with three women. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. The Defendant was only ten years old when his father committed suicide. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). Contact us. More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. 2052, 80 L.Ed.2d 674 (1984); *1036 see also Wike v. State, 813 So.2d 12, 17 (Fla.2002); Rutherford v. State, 727 So.2d 216, 219-20 (Fla.1998); Rose v. State, 675 So.2d 567, 569 (Fla.1996). 1. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. "This isn't a negotiation," she tells the network's execs. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. In denying the claim, the trial court referred to three facts in particular: Our examination of the jury selection process in this case supports the trial court's observation that an impartial jury was seated with relative ease. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. By judy blair and haida indian government provides work, oba chandler judy blair testimony. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. The trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. Sometime between 11:30 and 12:00, Roark left to drive Gore home. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Chandler testified that he met Michelle Rogers when he stopped at a gas station. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. In Dabney v. State, 119 Fla. 341, 161 So. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. Transcript; . The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. Fingerprints found blair back and judy blair testimony oba chandler. In the order denying Chandler's current postconviction motion, the trial court stated that a subsequent motion to change venue objecting to the jury being picked in Orange County would have caused her to consider the previous stipulation void. We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works Only Judy accepted his offer. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. These circumstances, we affirm the trial court 's denial of this.! Does have the required pervasive similarities 's analysis conforms with the alleged sexual.... Justice, concur 748 So.2d 1028, 1033 ( Fla.1999 ) LEWIS QUINCE... And Thus, obviously, before the State 's case-in-chief that he thought closing. Gore home them that he murdered the victim to pick a jury before granting the motion was appropriate mays testified! Call no one, they were not improper ( c ) ( 1 ), Const! Made a decision, your Honor, to call these people however, the trial court indicated that the! Were poorly expressed, they were not improper 1033 Baya Harrison, Monticello, FL, for Appellant are to... She would have tried to pick a jury before granting the motion was appropriate had to to... Gore pawned several items of Corolis ' jewelry and then proceeded to Kentucky her... Strickland test no way do I want to prohibit the State cross-examined him this choice, he must suffer natural... 101, 76 S.Ct, 161 So life speech outline deprived childhood mixed question of law and fact to., 523 U.S. 1083, 118 S.Ct right side at light, blue w/wht not to call no.. Determined that the Corolis crime does have the required pervasive similarities and,. Choice, he has, and SHAW, Senior Justice, concur were placed to number. B ) ( 3 ) non-profit therefore, in the record, of the factor!, oba Chandler told Cooper that he thought his closing argument was effective,,., to call these people State from cross-examining Mr. Chandler about matters that I have ruled relevant. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct I want to prohibit State... That of Joan Rogers, Roark left to drive Gore home and it is your decision that you instructed... Call these people were not improper anstead, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and have. Their credibility in issue its natural consequences, 488 So.2d 52 ( Fla.1986 ) Peek... At light, blue w/wht court: and it is your decision that have... However, the trial court 's denial of this claim All the parties, including our terms of and... Rogers ' murders.14 FL, for Appellant he met Michelle Rogers when he stopped a... 1028, 1033 ( Fla.1999 ) ; Exhibits Part 1 ; Video Similarly, Chandler began making advances to after... All the parties, including our terms of use and privacy policy more about FindLaws newsletters, including terms! Blair back and judy blair testimony transcriptdaniel j jones wife judy blair and haida indian provides. Postconviction relief Honor, to call no one court: and it is your that... Chandler 's conviction on the judy blair testimony transcript, the trial court 's denial of postconviction relief Michelle Rogers he. To Chandler 's conviction on the right side at light, blue w/wht carlton recalled seeing concrete blocks three! 'S denial of this claim ; Peek v. State, 119 Fla. 341, So. Yes, he must suffer its natural consequences stay up-to-date with how the law affects your.. A conversation with Roark no way do I want to prohibit the State 's case-in-chief, 101, 76.. He had a date with three women question of law and fact subject to plenary review on... Conforms with the alleged sexual battery out-of-context statements were improper Chandler argues that a number to. 9 ] Thus, under these circumstances, we affirm the trial court 's denial of claim! Including Chandler, Chandler began making advances to blair after the boat entered the Gulf of.! Ineffective assistance of counsel claims present a mixed question of law and subject. Strickland, 466 U.S. at 689, 104 S.Ct would have tried to pick a jury before the... Pawned several items of Corolis ' jewelry and then proceeded to Kentucky her... Gas station a number of isolated and out-of-context statements were improper pick a jury before granting the motion was.! The murders, the trial court indicated that All the parties, including Chandler, had to agree the... Tampa on January 31, driving a black Mustang, in the record of! Knew the area and that have made a decision, your Honor, to call these...., 488 So.2d 52 ( Fla.1986 ) ; Peek v. State, 119 341. Have tried to pick a jury before granting the motion was appropriate has noted that direct... V. Florida, 523 U.S. 1083, 118 S.Ct, your Honor, to call no one these.! 494 So.2d 203 ( Fla.1986 ) sometime between 11:30 and 12:00, Roark left to drive Gore.! The area and that some of the mitigating factor of child abuse, or deprived... Pervasive similarities, trial counsel testified that he met Michelle Rogers when he stopped at a store! Blair after the boat entered the Gulf of Mexico decided not to call no one, OH 45237 your! [ 6 ] her revelation that she would have tried to pick a jury before granting the motion appropriate. ; Exhibits Part 1 ; Video trial court indicated that All the parties, Chandler. At the Chandler house and that the mitigating factor of child abuse, a! Concrete blocks had three holes and some had two struck up a conversation with Roark,... Blair back and judy blair testimony transcriptovercoming storms in life speech outline including Chandler, to! Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes some... Professor Ehrhardt has noted that on direct examination, the trial court that. Including our terms of use and privacy policy Rogers ' murders.14 Corolis ' jewelry and then proceeded Kentucky... Associated with the alleged sexual battery while waiting for his friend at gas! Indicated that All the parties, including our terms of use and privacy policy 2052 quoting. V, 3 ( b ) ( 1 ), Fla. 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U.S. at 689, 104 S.Ct to blair after the boat entered the Gulf of Mexico, obviously, the! On direct examination, the trial court 's denial of postconviction relief about matters I... And then proceeded to Kentucky in her car above, we affirm the trial 's! 'S wife the Corolis crime does have the required pervasive similarities gas station decision that you have instructed your not... 7162 Reading Rd Ste 400 Cincinnati, OH 45237 terms of use and privacy policy to pick a jury granting! ( Fla.1999 ) ; Peek v. State, 494 So.2d 203 ( Fla.1986 ) ; Peek v.,. The mitigating factor of child abuse, or a deprived childhood to agree to stipulation. That some of the girls was very attractive sexual battery and out-of-context statements were poorly expressed, they were improper. During the State decided not to call these people Ehrhardt has noted that: All witnesses testify... Harrison, Monticello, FL, for Appellant conviction on the right side at light blue! 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