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MILLER v. STATE

Nos. SC04-892, SC05-472.

926 So.2d 1243 (2006)

David MILLER, Jr., Appellant, v. STATE of Florida, Appellee. David Miller, Jr., Petitioner, v. James R. McDonough, etc., et al., Respondents.

Supreme Court of Florida.

March 23, 2006.

Attorney(s) appearing for the Case

Robert A. Norgard, Bartow, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General, and Meredith Charbula, Assistant Attorney General, Tallahassee, FL, for Appellee/Respondent.

PER CURIAM.

David Miller, Jr., a prisoner under a sentence of death for a conviction of first-degree murder, appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. After review, we affirm the denial of relief and deny the petition for writ of habeas corpus.

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