Byrd v. State

This case is before the Court on appeal from an order denying Milford Byrd’s successive motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons given below, we affirm the circuit court’s order denying relief.

I. BACKGROUND

Byrd was convicted of first-degree murder and sentenced to death for the 1981 murder of his wife, Debra Byrd. Byrd v. State, 481 So.2d 468, 469 (Fla.1985). We have previously set out the pertinent facts of the murder and…