JOHNSTON v. DUGGER

Nos. 73362, 74743.

583 So.2d 657 (1991)

David Eugene JOHNSTON, Petitioner, v. Richard L. DUGGER, Respondent. David Eugene JOHNSTON, Appellant, v. State of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 23, 1991.


Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative, Martin J. McClain, Chief Asst. CCR, Mark Allen Evans, Asst. CCR; and Carlo Obligato and K. Leslie Delk, Staff Attys., Office of Capital Collateral Representative, Tallahassee, for petitioner, appellant.

Robert A. Butterworth, Atty. Gen. and Margene A. Roper and Kellie A. Nielan, Asst. Attys. Gen., Daytona Beach, for respondent, appellee.


PER CURIAM.

David Eugene Johnston appeals the trial court's denial of his motion for postconviction relief. He also petitions the Court for a writ of habeas corpus. We have jurisdiction. Art. V, §§ 3(b)(1), (9), Fla. Const. We affirm the denial of postconviction relief and deny the petition for writ of habeas corpus.

Johnston was convicted of the strangulation murder of an eighty-four-year-old woman and sentenced to death upon the jury's recommendation...

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