MAGILL v. STATE

No. 64997.

457 So.2d 1367 (1984)

Paul Edward MAGILL, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied November 26, 1984.


Attorney(s) appearing for the Case

Philip J. Padovano, Tallahassee, and Patrick D. Doherty, Clearwater, for appellant.

Jim Smith, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.


ADKINS, Justice.

This case is before us on appeal from the denial of Magill's motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We also have before us a motion for a stay of execution. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Magill was charged by indictment with the crimes of first-degree murder, sexual battery, and armed robbery. A plea of not guilty was entered and the case was tried before a...

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