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GORE v. STATE

No. SC12-537.

91 So.3d 769 (2012)

David Alan GORE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

April 9, 2012.

Attorney(s) appearing for the Case

Martin J. McClain , Linda McDermott and John Paul Abatecola of McClain and McDermott, P.A., Estero, FL, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Celia A. Terenzio and Leslie T. Campbell , Assistant Attorneys General, West Palm Beach, FL, for Appellee.

PER CURIAM.

David Alan Gore, a prisoner under sentence of death, appeals the summary denial of his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. On February 28, 2012, the Governor signed a death warrant for Gore, with the execution scheduled for April 12, 2012. Gore subsequently sought postconviction

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