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BURNS v. STATE

No. SC01-166.

944 So.2d 234 (2006)

Daniel BURNS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

November 2, 2006.

Attorney(s) appearing for the Case

John William Jennings, Capital Collateral Regional Counsel—Middle Region, Eric Pinkard and David Robert Gemmer, Assistant CCR Counsel, Tampa, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

Daniel Burns appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and an order concluding that he is not mentally retarded. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. As explained below, we affirm the circuit court's denial of Burns' postconviction motion and the order on mental retardation.

I....

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