JOHNSTON v. STATE

Nos. 88019, 89874.

708 So.2d 590 (1998)

David Eugene JOHNSTON, Appellant, v. STATE of Florida, Appellee. David Eugene JOHNSTON, Petitioner, v. Harry K. SINGLETARY, Respondent.

Supreme Court of Florida.

March 5, 1998.


Attorney(s) appearing for the Case

Gregory C. Smith, Capital Collateral Regional Counsel; and Sylvia W. Smith, Assistant Capital Collateral Regional Counsel, Northern Region, Tallahassee, and Martin J. McClain, Litigation Director, Office of the Capital Collateral Regional Counsel, Southern Region, Miami, for Appellant.

Robert A. Butterworth, Attorney General, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

We have on appeal a decision of the trial court summarily denying David Eugene Johnston's amended motion for postconviction relief and Johnston's petition for a writ of habeas corpus. We have jurisdiction. Art. V, § 3(b)(1), (9), Fla. Const.

Johnston was convicted and sentenced to death in 1984 for the first-degree murder of an eighty-four-year-old woman.1 This Court affirmed in Johnston v. State,

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