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PRESTON v. STATE

No. 70835.

528 So.2d 896 (1988)

Robert Anthony PRESTON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 19, 1988.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Billy H. Nolas, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant's conviction of first-degree murder and sentence of death were affirmed in Preston v. State, 444 So.2d 939 (Fla. 1984). Five days before his scheduled execution, appellant filed a motion to vacate the judgment and sentence pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge stayed the scheduled execution. The judge then held an evidentiary hearing, after which he denied appellant's...

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