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OWEN v. STATE

Nos. SC06-2104, SC07-650.

986 So.2d 534 (2008)

Duane Eugene OWEN, Appellant, v. STATE of Florida, Appellee. Duane Eugene Owen, Petitioner, v. Walter A. McNeil, etc., Respondent.

Supreme Court of Florida.

As Revised on Denial of Rehearing July 10, 2008.

Attorney(s) appearing for the Case

Bill Jennings, Capital Collateral Regional Counsel, and James L. Driscoll, Jr., Assistant CCR Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Celia Terenzio and Leslie T. Campbell, Assistant Attorneys General, West Palm Beach, FL, for Appellee/Respondent.

PER CURIAM.

Owen appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we affirm the circuit court's order and deny Owen's petition.

I. FACTUAL AND PROCEDURAL HISTORY

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