CHERRY v. STATE

No. SC02-2023.

959 So.2d 702 (2007)

Roger Lee CHERRY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied June 7, 2007.


Attorney(s) appearing for the Case

Linda McDermott of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL and Kenneth S. Nunnelley, Senior Assistant Attorney General, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee.


PER CURIAM.

Roger Lee Cherry appeals an order of the circuit court denying his second motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and an order concluding that he is not mentally retarded under Florida Rule of Criminal Procedure 3.203. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. As explained below, we affirm the circuit court's denial of Cherry's postconviction...

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