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MERCK v. STATE

Nos. SC10-1830, SC11-1676.

124 So.3d 785 (2013)

Troy MERCK, Jr., Appellant, v. STATE of Florida, Appellee. Troy Merck, Jr., Petitioner, v. Michael D. Crews, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied May 1, 2013.

Attorney(s) appearing for the Case

Bill Jennings , Capital Collateral Regional Counsel, and Richard Edward Kiley , James Vincent Viggiano, Jr. , and Ali Andrew Shakoor , Assistant Capital Collateral Regional Counsel, Middle Region, Tampa, FL, for Appellant/Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Stephen D. Ake , and Robert J. Landry , Assistant Attorneys General, Tampa, FL, for Appellee/Respondent.

PER CURIAM.

Troy Merck, Jr., 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. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons that follow, we affirm the denial of his motion and deny his habeas petition.

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