Dusty Ray Spencer v. State of Florida

Dusty Ray Spencer, a prisoner under sentence of death, appeals the circuit court's order summarily denying his successive motion for postconviction relief, which was filed under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Spencer was convicted of the 1992 first-degree murder of his wife, Karen Spencer. Spencer v. State , 645 So.2d 377, 380 (Fla. 1994), cert. denied , 522 U.S. 884, 118 S.Ct. 213, 139 L.Ed.2d 148 (1997). The jury recommended a death sentence by a seven to five vote, and the trial judge followed the jury's recommendation and…