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PRESTON v. STATE

Nos. 73062, 73067.

531 So.2d 154 (1988)

Robert Anthony PRESTON, Petitioner, v. STATE of Florida, Respondent. Robert Anthony PRESTON, Petitioner, v. Richard L. DUGGER, Etc., Respondent.

Supreme Court of Florida.

September 22, 1988.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Billy H. Nolas, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Margene A. Roper, Kellie A. Nielan and Sean Daly, Asst. Attys. Gen., Daytona Beach, for respondents.

PER CURIAM.

Robert Preston was tried and convicted of first-degree murder in June 1981. The judgment and sentence of death were affirmed. Preston v. State, 444 So.2d 939 (Fla. 1984). His scheduled execution was stayed pending the resolution of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Following an evidentiary hearing, the trial judge denied Preston's motion. That ruling...

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