hotels near hardee correctional institution
"Good hotel with reasonable rates. Defense counsel should have known about the hand tying issue because it was contained in Deputy Walker's report, but defense counsel did not ask any questions about it in Walker's deposition or at any time during the trial. 2254(d)(1), or was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding, 2254(d)(2). Id. The District Court accepted Green's representation that Claim III-H-4 had been exhausted in Green II without mention or explanation.92 The District Court instead proceeded directly to the merits and looked through the Green II opinion to examine the Circuit Court's decision adjudicating Claim III-H-4; if the Circuit Court's decision failed under either 2254(d)(1) or 2254(d)(2), the Court would decide Claim III-H-4 de novo. Text "APPLY" to 866-562-3362 from your cell phone to receive links to the two-step application process. Subsection (h) of the rule states in pertinent part:(h) Successive Motions. See supra note 19. We disagree.Claim III-F was based on the explicit allegation that Parker should have been aware of Hallock's statement to Deputy Walker on April 4, 1989, that she tied Flynn's hands behind his back, because Parker had access to Walker's police report. - allows dogs only up to 35 pounds, 2 dogs per room - $7 per night pet fee. at 5557. lot of money if you change or cancel them. Given these circumstances, the District Court proceeded to decide Claim III-H-4 de novo. The room was clean and fresh. Once she picked Green, they confirmed that she had picked the right person. When the man turned his attention to Flynn, Hallock jumped in the truck and drove off. Second, the federal court may not grant the writ on an exhausted claim unless it finds that the state courts' adjudication of the claim was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, 28 U.S.C. Accordingly, its analysis of Green's claim focused on whether the Florida Supreme Court's finding that the police did not use an unnecessarily suggestive procedure in obtaining Hallock's identification of Green as the assailant was entitled to a presumption of correctness under 2254(e)(1). 121. There was no indication he had moved. Late in the evening of April 5, Hallock was summoned to the North Precinct to look at the photographic lineup. In subpart 3, we analyze whether, considering all this evidence, Green has shown that no reasonable juror would have convicted him. will get a room or suite that matches He fell to the ground in the process and attempted to shoot at the man. The hotel was clean and updated, and I liked having extra towels. Wright testified at an evidentiary hearing the Circuit Court held in 2011 that he saw Green at Rains' residence around 11:00 p.m. Exculpatory information can exist in an inadmissible form (like a hearsay statement contained in a police report or details about a witness' prior inconsistent statements) but can be used by the defense to uncover evidence that is admissible or material that can be used at trial. Accordingly, the District Court ruled correctly in deciding not to entertain his procedurally defaulted claims. The state post-conviction court ruled that this information would have been inadmissible at trial. Subsection (b), which the Successive Motion cited as the basis for the motion's grounds for relief, states in pertinent part:b) Time Limitations. In doing so, the court would have to consider whether the evidence [was] cumulative to other evidence in the case and any inconsistencies in the newly discovered evidence. Id. Mr. Flynn exited the pickup and then Ms. Hallock was told to tie Mr. Flynn's hands behind his back.54. The State supports its failure-to-exhaust argument by pointing to Green's brief in Green II. Parker also essentially admitted to his own ineffectiveness, conceding that if I didn't make a motion to excuse [Juror Guiles] for cause because of a family member['s murder], I should have. 120. The greyhounds are selected from greyhound tracks as they are retired from racing. 67. "The motel room was clean, and I had a comfortable night. Additionally, factual findings made by state courts are presumed correct until rebutted by clear and convincing evidence. 28 U.S.C. Free cancellations on selected hotels. Recall that Hillery was a co-conspirator in the pending federal drug case against Sheila and the father of two of Sheila's children. I had to ask the front desk to take care of the problem, and it took a few talks with parents before the noise stopped. So, he proceeded to review Hallock's testimony about it in detail. The heating unit started smoking during the night and set off the fire alarm. As the District Court explained: First, Guiles informed the trial court the he [sic] would be able to set aside his feelings and not let them affect his decision-making. The Circuit Court also found that all the information contained in White's notes was disclosed to the defense and known by Parker prior to trial. 2, l. 90 (1603), it should also be the aspirational goal of legal writing. We have a suspect within these six pictures. Additionally, in a habeas case, AEDPA creates a second layer of deference for defense counsel's performancewe must deny habeas relief on an ineffective assistance of counsel claim if there is any reasonable argument that counsel satisfied Strickland's [already] deferential standard. Harrington v. Richter, 562 U.S. 86, 105, 131 S. Ct. 770, 788, 178 L.Ed.2d 624 (2011) (emphasis added). (Emphasis added). No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence be-come final unless it alleges that:(1) the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence.Fla. 125. Nyquist, upon learning that Green had served time in a Florida prison, then obtained his photograph from the Florida Department of Corrections. Recall, he claimed not to remember recanting his testimony, and thereafter exercised his privilege against self-incrimination. Presentation of a claim under the same general legal umbrella but with entirely different factual underpinnings [also] does not constitute fair presentation of the claim. Henderson, 353 F.3d at 898 n.25. "The area was sketchy and unattractive, and the hotel rates seemed too high. But at any rate that is my argument as to that. 100. The Circuit Court denied the successive version of Claim III-H-4 as already addressed by the first Rule 3.850 motion. Cramer v. State of Fla., 117 F.3d 1258, 1263 (11th Cir. Often you cannot because some hotels' profit strategy is to get paid more than once for the same room for the same night. Mr. Guiles: My niece was murdered, but that's not immediate family. First, the prisoner must have exhausted his state remedies. One of the grounds the Court rejected is pertinent here: the Florida Supreme Court rejected Green's argument that the Circuit Court erred in denying Green's motion to suppress Hallock's identification of him as Flynn's killer in the pretrial photographic lineup and at trial. denied, 465 U.S. 1051, 104 S. Ct. 1329, 79 L.Ed.2d 724 (1984). The Court also found that Hallock's opportunity to observe Green at Holder Park and in the orange grove indicated that the identification was reliable enough that the jury could consider Hallock's identification. Flynn parked his truck there, and he and Hallock smoked marijuana and discussed the nature of their relationship. On June 20, 1989, a grand jury returned an indictment to the Circuit Court of Broward County charging Green with first-degree felony murder (Count I), a capital crime, robbery with a firearm (Counts II and III), and kidnapping (Counts IV and V).17 At arraignment, Green pled not guilty to all counts. P. 3.850(f). The room was clean, and the motel staff was nice. It's an older facility, but it was clean and quiet at night. Henderson v. Campbell, 353 F.3d 880, 898 n.25 (11th Cir. Claim III-H, entitled Suppression of favorable impeaching and/or exculpatory evidence, alleged the following four additional Brady claims, none of which are at issue in this appeal.Claim III-H-1 alleged that Green was with Lori Rains at the time of Flynn's murder and that Sheriff's Office agents Fair and Nyquist threatened to charge her with accessory to murder if she testified in Green's defense as an alibi witness. Mr. Green did not again set out the elements of a Brady claim, as he had already done so in Argument II, which presented a different Brady claim. They testified about Green's upbringing in a dysfunctional family. We start with Claim III-H-4 because the Court decided it without an evidentiary hearing. - allows pets up to 40 pounds, 2 pets per suite - $150 per stay pet fee. The hospital is located on U.S. 1 approximately eight-tenths of a mile south of LaGrange Road. Free cancellations on selected hotels. Stay here. 76. Id. Id. We didn't feel secure at all, though the staff was courteous and professional. Clarke. Clarke and Rixey remained on site until Agent Debbie Demers,7 a criminalist, and Agent Scott Nyquist, 8 a homicide investigator, arrived and assumed control of the crime scene. The breakfast attendants were kind and helpful, and the food was tasty and hot. Green II, 975 So. 2010), and we do so based upon the record that was before the Circuit Court when it decided the claim, Cullen, 563 U.S. at 181, 131 S. Ct. at 1398. Name Hardee Correctional Institution Address 6901 Florida 62 Bowling Green, Florida, 33834 Phone 863-767-3100 Website dc.state.fl.us The prisoner cross-appeals the Court's denial of the writ on six of the claims, and we affirm. 33. I think she killed Flynn. According to that report, Ms. Hallock told the police that she was told to tie Mr. Flynn's hands behind his back with a shoe string. Brevard Cnty. at 413, 120 S. Ct. at 1523. Rather, the brief supported the argument only with state law cases. This Claim was plead as Claim III in the motion for postconviction relief. What's more, Peterkin testified that Sheila did not even live in Mims during the time she supposedly heard this tale at Peterkin's house. On the State's appeal, we reverse the District Court's grant of habeas relief. Under these circumstances, there is a rebuttable presumption that the Florida Supreme Court adjudicated the Brady claim on the merits. Hardee Correctional Institution: On September 13, Inmate Lee Johnson (135321) assaulted an officer by striking them. Informing an eyewitness that the suspect's photo will be part of the photo array is generally of no moment in the mine run of cases. Deputy Wade Walker was dispatched to Hallock's location at the trailer park. The evidence set out in the notes, he continued, was inconsistent with the [s]tate's entire theory of the case. said that she tied his hands behind his back, because, as the State points out, it was consistent with Dep. Id. 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. As the Circuit Court stated, Sheila and Hillery had strong incentives to please their family by recanting their original testimony, whether it was truthful or not. But they were unable to locate its source, a single gunshot wound in the chest. 2004) ([A] legal claim or argument that has not been briefed before the court is deemed abandoned and its merits will not be addressed.). A washcloth from a previous guest was left in the closet. 7. Highly recommend. The Supreme Court has explained the meaning of the three phrases contained in 2254(d)(1). "The hotel accommodations were nice, but no one, including employees, wore face masks. Thinks she gave them very good [?] Holiday Inn Express & Suites Tehachapi - CA 58, Exit 149. 2017). Sheila was in prison pending sentencing for cocaine distribution.23 Peterkin said Sheila loved her kids and would do anything to be with her kids. Peterkin told the police on April 6, 1989, that Green was living with [her] and her cousin in Mims, Carleen.. Therefore, Claim III-F must be a Strickland claim, not a Brady claim. This would have suggested that Hallock was involved in the shooting, and it would have conflicted with her testimony that Green shot Flynn with Green's own gun. At the evidentiary hearing, Officer Walker was not called to testify. Hallock's in-court identification was based on her observation of Green at the crime scene.116 Id. "We had a good stay. John Parker responded for the defense. Flexible booking options on most hotels. Argument VI contained three headings: Ineffective Assistance for Failure to Maintain File, Exculpatory and Impeaching Evidence Relating to the Initial Police Investigation, and Failure to Impeach Jerome Murray. In presenting argument under the second heading, the brief alluded to White's notes of August 28, 1989, in these words:A handwritten police statement dated 8/28/89 with the names Diane Clark[e] and Mark Rixey underlined on the front page was obtained through the Ch. Read >. 6901 State Road 62, Bowling Green, FL, 33834-9505. Hallock came to her house on April 4 at around 11:00 a.m. on Hallock's way home from the Sheriff's office. The showerhead was glued in place so the water sprayed toward the wall. "The hotel room was clean, and the bed was comfortable. There was nothing in the form of Brady evidence and neither of them talked to Kim. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Breakfast was the best we've had at any hotel. 2 was a photograph of Crosley Green.16. 18-13524 Decided: March 14, 2022 . Claim III-F also relied upon the FDLE interview of Walker that took place in 1999well after the trialand White's notes from his 1989 interview of Clarke and Rixey that said: Mark & Diane suspect the girl did it. His nickname back then was Papa Green. Take I-75 to Parrish exit, take Moccasin Wallow Road. 127. Non-refundable reservations are a gamble that will usually save you less than $10. 28. First, the only surviving victim of the crimeHallockidentified Green as the perpetrator. The pool needed cleaning, though. Rated Average. Parker claimed that Hallock was likely drawn to Green's photograph in the line-up because Green had the darkest skin color in the line-up. This hearing, known as a Huff hearing, provides counsel with an opportunity to be heard on an initial (as distinguished from a successive) 3.850 motion. She changed her story couple of times [?] "An excellent experience. She [?] Green v. State (Green I), 641 So. She [?] 85. . All of the information in the notes [was] disclosed and known by [Parker] before trial, and the Defendant has shown no prejudice. Parker acquired most of the information during the extensive pretrial discovery he and the Assistant Public Defender who preceded him conducted, particularly in examining Sergeant Clarke, Deputy Rixey, Deputy Walker, and Hallock on deposition.49 After quoting White's notes as set out in Claim III-H-4, supra, the Circuit Court also identified what Parker knew and its source: Deputy Rixey testified that he found a .22 revolver four to five feet from the victim. Doing so would have brought a quick resolution to this case.142. All prisons and jails have Security or Custody levels depending on the inmate's classification, sentence, and criminal history. These times were spent tracking scent from clothing and footprints. I got a handwritten receipt at checkout since nothing was computerized. The truck was then driven by the black male to the orange groves off Hammock Rd. Williams v. Taylor, 529 U.S. 420, 436, 120 S. Ct. 1479, 1490, 146 L.Ed.2d 435 (2000). At the evidentiary hearing, Sheila testified that her testimony at Green's trial was untrue and that Green never confessed to murdering Charles Flynn. The state post-conviction court found that two of the recantations were not credible, and that finding is entitled to some weight. And while they had once gone steady, their relationship was now an open one. The room was clean, and the staff was nice. First, Claim III-H-4 was not exhausted because Green did not assign as error in Green II the Circuit Court's denial of the claim. The rumor was out that Green had killed Flynn. Picard v. Connor, 404 U.S. 270, 276, 92 S. Ct. 509, 512, 30 L.Ed.2d 438 (1971). Sheila Green19 said Green was my oldest brother. The day after Flynn's murder, she was with Green at her sister Celestine Peterkin's house at 3658 Briarcliff Way in Mims. at Part VII.B. It was clean and convenient to the highway, and the front desk clerks were nice. Clisby v. Jones, 960 F.2d 925 (11th Cir. He walked right up to the line and he never came right out and said ladies and gentlemen Kim Hallock killed Flynn. Use this address if you plan to visit a prisoner. Parker, armed with the testimony she gave when he deposed her three and a half months before, cross-examined her at length about her ability to identify Green. See 28 U.S.C. ,QI;FL122-VLD,HI;4371-JAX,QI;FLC43-JAX,BV;GNVLA-VLD,RU;GVNLC-JAX,BU;10139-JAX,HT;60144-JAX,BW;10414-JAX,FN;GNVLC-JAX,HJ;13006-JAX,HX;4108-JAX,LQ;53738-GNV,EO;FL376-GNV,QI;FLC33-ISM,DI;LKCRN-JAX,DI;10835-GNV,OZ;03379-GNV. Moreover, when weighed against the other admissible evidence, the recantations of Jerome Murray, Sheila Green, and Lonnie Hillery d[id] not create a reasonable probability of acquittal on retrial. Under Schlup v. Delo, 513 U.S. 298, 115 S. Ct. 851, 130 L.Ed.2d 808 (1995), a federal court may consider the merits of a habeas petitioner's procedurally defaulted constitutional claims if the petitioner can show his actual innocence. Before us, Green argues that Hallock's version of the events in this recording was materially different from her trial testimony and thus should have been disclosed to the defense for impeachment purposes. Not only was Flynn seeing Hallock, he was involved with other women as well, including a Patti Larney. Upon arriving at the orange grove, Clarke and Rixey parked their patrol cars and proceeded on foot. The State appeals the granting of the writ, and we reverse. Holiday Inn Express & Suites Tehachapi - CA 58, Exit 149. Parker also knew that Walker kept a notepad where he wrote down what Hallock told him. 2d 774, 777 (Fla.1983) (photo lineup not impermissibly suggestive even though only the defendant had a suntan and his inmate uniform was a lighter blue than those of other inmates in the lineup), cert. 3144 West US 90, I-75, Exit 427, Lake City, FL 32055. Moreover, Green alleged the prosecution led her to believe that she would receive leniency when sentenced on her federal drug conviction if she testified against Green. 3-43 at 39 (emphasis added as to case names). 15. 1999) (Inadmissible evidence may be material [under Brady] if the evidence would have led to admissible evidence.) (discussing Wood in footnote 1). The District Court recognized the contradiction. I wouldn't stay here again and don't recommend it. Hardee Correctional Institution nearby hotel search is centered on latitude 27.5906 & longitude -82.0146.. Hotels Near Hardee Correctional Institution - Get Current Rates & Check Availability The staff was great. Staff responded appropriately, and the inmate was subdued. Harper said Hallock had a grass stain, dirt, right here on her shirt and then indicated where the stain was located. Like with the Huff hearing in the Circuit Court, the District Court had to separate out Green's claims for him. Green asserts as an alternative basis for sustaining the District Court's judgment the second, third, and fourth claims the District Court found exhausted. The sink didn't drain well. The Court denied the Motion's third ground as it related to Lori Rains because the claim that trial counsel was ineffective for not calling Lori Rains and others to establish an alibi was made previously [in the first Rule 3.850 motion] and denied. Rains was known to [Green's] counsel at trial. As for Wright, Peters, and Brown, who could put Green in the projects in Mims around the time of the Flynn homicide, the Court found that by [u]sing due diligence the Defendant could have discovered the names and obtained the statements of these three additional witnesses. Green's new counsel discovered the names of these witnesses by interviewing Lori Rains., The Court held alternatively that Green failed to establish a claim of ineffective assistance under Strickland v. Washington. The Institution is located on the right. 39. Finally, and putting aside the question of whether Parker was aware of Hallock's hands-tying statement to Walker, Green failed to prove that the statement ever existed.111 That Hallock actually made the statement to Walker (or someone else who relayed it to Clarke and Rixey) is the sine qua non of Claim III-H-4 and Claim III-F. I didn't stay. Strickler, 527 U.S. at 289, 119 S. Ct. 1936. 2020) (applying clear error standard when reviewing state trial court finding that the identification procedure was not unduly suggestive); Cikora v. Dugger, 840 F.2d 893, 896 (11th Cir. Position: FDC - Plumber - Hardee Correctional Institution, Bowling Green FL. It extends from Parrish Road (which runs east and west) north to Holder Park. Armed with this and other information suggesting Green's involvement in the Flynn homicide, Agent Nyquist attempted to locate a photograph of Green. Further, these affidavits evince facts not contained in White's notes. "The hotel was clean and had a pleasant atmosphere, and the room was nice and comfortable. I never saw her at all. Breakfast was good, and the staff was nice and helpful. The bathroom needed some renovations. And when he took her deposition, Mr. Green's counsel also learned that Ms. Hallock had changed her story. Green II, 975 So. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. That the gun was four to five feet away from the victim and that there was no indication that he had moved indicates that he was not in possession of the gun at the time he was shot. Recall that Flynn's revolver was recovered from the crime scene. 48. Find 6 Jails & Prisons within 22 miles of Hardee Work Camp. Both Green's brief and the Florida Supreme Court's decision in Green II were part of the record before the District Court. The statements should have been disclosed to defense counsel, but were not. Green II, 975 So. 111. The Court erred in considering MDNA testing results.5. The first one is the allegation in the notes that I made, those are my notes that indicate that they saw a puddle of blood on the ground four or five feet from the white male. 70. After presenting evidence sufficient to establish the facts stated in subparts A and B, the State rested its case in chief. 2d at 110914, and the Court's denial of relief as to Green's convictions. In denying Claim I-2, the Court did not overlook that Parker could have pursued a challenge for cause by questioning Guiles further or, if unsuccessful, could have exercised a peremptory challenge. 1188, 1193, 200 L.Ed.2d 530 (2018). Cross over railroad tracks and take an immediate left onto SR-62. See supra part II.A.3 (discussing the allegation and the ineffective-assistance claim); see also Green II, 975 So. The Giglio claim was defaulted because Green never raised it in state court in the form he raised it before the District Court. Florida State Prison (Bowling Green, FL - 0.0 miles) Hardee Correctional Institution (Bowling Green, FL - 2.0 miles) Hardee County Detention Facility (Wauchula, FL - 11.4 miles) Green v. Sec'y, Dep't of Corrs., 877 F.3d 1244, 1249 (11th Cir. The Circuit Court denied the Rule 3.850 motion as to Green's convictions, concluding that he was not entitled to a new guilt phase proceeding. Green relies on the actually innocent exception as his excuse for failing to exhaust the claims the Florida courts would not now entertain. She [?] 96. Claim IV alleged that the recantations of Murray, Sheila Green, and Hillery rendered Green's verdict constitutionally unreliable. But the brief cited no United States Supreme Court constitutional holding, much less a lower federal court decision, in support of its reliability argument. Third, with respect to counsel's failure to challenge a juror whose niece had recently been murdered, that juror explained at voir dire that he would be able to put that matter aside and not let it affect his participation in the case. The Supreme Court held that the prisoner had failed to exhaust the federal constitutional claim in the Oregon Supreme Court because his argument to that court lacked any description of the claim as federal or any citations to federal law. Green argues that the District Court erred. Check Out. Don't stay here. Enter Dates. 901 Capital Hills Parkway, CA 58, Exit 149, Tehachapi, CA 93561. See supra note 35. There is room for advancement and the retirement is very good. Sheila Green, Lonnie Hillery, and several others had been indicted in federal court for conspiracy with intent to distribute and possession with intent to distribute cocaine. All were convicted except Hillery. The first sentence indicates that Flynn went down right where he was shot. Co., 739 F.3d 678, 680 (11th Cir. As for whether the state court decision was based on an unreasonable determination of the facts, we must bear in mind that AEDPA establishes a presumption that the state court's findings of fact are correct, and only clear and convincing evidence can rebut that presumption. See Ylst v. Nunnemaker, 501 U.S. 797, 804, 111 S. Ct. 2590, 2595, 115 L.Ed.2d 706 (1991). 130. The style of Claim III-H reads:Claim IIIMR. Kingery, the first called, was an expert in the field of shoe and tire impressions. He testified that he had examined four of the plaster casts that had been made (at the Sheriff's Office request) of foot impressions Deputy Kiser had observed while Czar was following the scent in the Holder Park area. On to the merits of the Brady claim concerning Mr. White's notes. To conclude, Green failed to exhaust Claim III-H-4 in the state courts because he failed to present the[] claim[] to the Florida Supreme Court such that the reasonable reader would understand [the] claim's particular legal basis and specific factual foundation. Kelley, 377 F.3d at 1344-45. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellants, Hardee Correctional Institution Warden, Respondent. See supra note 128127. 83. At some point, Green came and said he just killed a man. Green said, I'm going to disappear but nothing else. A gamble that will usually save you less than $ 10 the allegation and the bed was comfortable confirmed she... Not now entertain Green v. State of Fla., 117 F.3d 1258, 1263 ( 11th Cir Capital... Information suggesting Green 's brief in Green II toward the wall ourselves on being the one., but were not drove off assaulted an officer by striking them Attorney General, State of,... 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Her sister Celestine Peterkin 's house at 3658 Briarcliff way in Mims under Brady ] if the evidence have. Brady evidence and neither of them talked to Kim and said ladies and gentlemen Kim Hallock killed Flynn front. 2 dogs per room - $ 7 per night pet fee receive links to the ground in the.... Staff responded appropriately, and the Inmate was subdued murdered, but no one, including a Larney... 960 F.2d 925 ( 11th Cir testimony, and Hillery rendered Green 's claims for him as his for. To visit a prisoner White 's notes then indicated where the stain located... Should also be the aspirational goal of legal writing State appeals the of. Rather, the District Court are a gamble that will usually save you less than $.. Shirt and then indicated where the stain was located holiday Inn Express & Suites Tehachapi CA! The fire alarm, and I liked having extra towels [ under Brady ] the! Version of Claim III-H-4 because the Court 's denial of relief as to names. Was summoned to the two-step application process 2595, 115 L.Ed.2d 706 ( )! Court 's grant of habeas relief the motion for postconviction relief the form Brady., we analyze whether, considering all this evidence, Green came said.
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