Opinion
No. 68618.
April 21, 1986.
Appeal from the Circuit Court in and for Duval County; Gordon A. Duncan, Jr., Judge — Case No. 75-169 CF Div. R.
Larry Helm Spalding, Capital Collateral Representative, Mark E. Olive, Litigation Director, and Michael A. Mello and David A. Reiser, Asst. Capital Collateral Representatives, Tallahassee, for appellant.
Jim Smith, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., Miami, for appellee.
David Livingston Funchess, scheduled for execution on April 22, 1986, appeals from the trial court's denial of his second 3.850 motion for post-conviction relief and his application for stay of execution. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the trial court's order denying appellant's motion to vacate and deny the application for stay of execution.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
BARKETT, J., dissents.