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BURKE v. STATE

No. 3D08-590.

18 So.3d 652 (2009)

Andre BURKE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 2, 2009.

Attorney(s) appearing for the Case

Arnstein & Lehr, Richard L. Rosenbaum, and Cheryl Zickler, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and SALTER, JJ.

GERSTEN, J.

Andre Burke ("the defendant") appeals the denial of his petition for writ of habeas corpus based on manifest injustice. We affirm.

A jury convicted the defendant of first-degree murder. The trial court sentenced the defendant to life in state prison without the possibility of parole. This Court subsequently affirmed. Burke v. State, 718 So.2d 945 (Fla. 3d DCA 1998).

Thereafter, the defendant moved...

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