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JOHNSON v. DUGGER

No. 72231.

523 So.2d 161 (1988)

Marvin Edwin JOHNSON, Petitioner, v. Richard DUGGER, Respondent.

Supreme Court of Florida.

April 11, 1988.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Carlo Obligato, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, and Mark Evan Olive, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for respondent.

BARKETT, Justice.

Marvin Johnson, a state prisoner for whom a second death warrant has been signed, petitions this Court for a writ of habeas corpus and requests a stay of his execution, which has been set for 7:00 a.m., Wednesday, April 13, 1988. We have jurisdiction. Art. V, §§ 3(b)(1), (9), Fla. Const. We deny the requested relief.

A jury convicted Johnson of the 1978 armed robbery and murder of a Pensacola pharmacist and recommended that he be...

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