SIMMONS v. STATE

Nos. SC10-2035, SC11-1353.

105 So.3d 475 (2012)

Eric SIMMONS, Appellant, v. STATE of Florida, Appellee. Eric Lee Simmons, Petitioner, v. Kenneth S. Tucker, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied January 7, 2013.


Attorney(s) appearing for the Case

Bill Jennings , Capital Collateral Regional Counsel, David Dixon Hendry and James Lawrence Driscoll, Jr. , Assistant Capital Collateral Regional Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, Florida and Stephen D. Ake , Assistant Attorney General, Tampa, FL, for Appellee/Respondent.


PER CURIAM.

Eric Lee Simmons appeals an order of the circuit court denying his initial postconviction motion filed under Florida Rule of Criminal Procedure 3.851 to vacate his conviction of first-degree murder and sentence of death. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As explained below, we affirm the postconviction court's denial of relief as to Simmons' guilt phase claims...

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