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FARINA v. STATE

Nos. SC04-1610, SC05-935.

937 So.2d 612 (2006)

Anthony Joseph FARINA, Appellant, v. STATE of Florida, Appellee. Anthony Farina, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

July 6, 2006.

Attorney(s) appearing for the Case

John W. Jennings, Capital Collateral Regional Counsel, Marie-Louise Samuels Parmer and Mark S. Gruber, Assistant CCR Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL and Kenneth S. Nunnelley, Senior Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.

PER CURIAM.

Anthony Farina, a prisoner under sentence of death, appeals an order of the circuit court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. Farina also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As we explain below, we affirm the denial of Farina's postconviction motion and deny the habeas petition.

I. FACTUAL AND PROCEDURAL...

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