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DARLING v. STATE

Nos. SC04-2379, SC05-2020.

966 So.2d 366 (2007)

Dolan DARLING a/k/a Sean Smith, Appellant, v. STATE of Florida, Appellee. Dolan Darling a/k/a Sean Smith, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied September 26, 2007.

Attorney(s) appearing for the Case

Bill Jennings, Capital Collateral Regional Counsel, David Dixon Hendry and Mark S. Gruber, Assistant CCR Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.

PER CURIAM.

Dolan Darling seeks review of an order entered in the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the denial of the rule 3.851 motion for postconviction relief and deny the...

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