SCHWAB v. STATE

No. SC07-2138.

982 So.2d 1158 (2008)

Mark Dean SCHWAB, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied May 21, 2008.


Attorney(s) appearing for the Case

John W. Jennings, Capital Collateral Regional Counsel, Peter J. Cannon, Mark S. Gruber, and Daphney Gaylord, Assistant CCR Counsel-Middle Region, Tampa, FL, for Appellant.

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


PER CURIAM.

Mark Dean Schwab, a prisoner under sentence of death, appeals the circuit court's order denying his second successive motion for postconviction relief, which was filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution. For the reasons stated below, we affirm the postconviction court...

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