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PHILMORE v. STATE

Nos. SC04-1036, SC05-250.

937 So.2d 578 (2006)

Lenard James PHILMORE, Appellant, v. STATE of Florida, Appellee. Lenard James Philmore, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

June 15, 2006.

Attorney(s) appearing for the Case

John W. Jennings, Capital Collateral Regional Counsel, James V. Viggiano, Jr. and Richard E. Kiley, Assistant CCR Counsel Middle Region, Tampa, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, FL, for Appellee/Respondent.

PER CURIAM.

In 2002, this Court affirmed Lenard James Philmore's sentence of death. See Philmore v. State, 820 So.2d 919 (Fla. 2002). Philmore now appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained...

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