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JOHNSTON v. STATE

No. SC03-824.

960 So.2d 757 (2006)

David Eugene JOHNSTON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 22, 2006.

Attorney(s) appearing for the Case

J. Edwin Mills, Orlando, FL, for Appellant.

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

PER CURIAM.

David Eugene Johnston appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm both the trial court's denial of postconviction relief and its finding that Johnston is not mentally retarded.

FACTUAL AND PROCEDURAL BACKGROUND

Johnston was convicted of first...

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