HEINEY v. STATE

No. 78338.

620 So.2d 171 (1993)

Robert D. HEINEY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied June 30, 1993.


Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative, Judith J. Dougherty, and Gail E. Anderson, Asst. Capital Collateral Representatives, Tallahassee, for appellant.

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


PER CURIAM.

Robert D. Heiney, a prisoner under sentence of death, appeals from the circuit court's denial of his petition under Florida Rule of Criminal Procedure 3.850. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution.

Heiney was convicted in 1978 of first-degree murder and robbery. At his original sentencing, the jury recommended a sentence of life, but the judge overrode the recommendation and sentenced Heiney to death...

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