Clayton v. State

Appellant Recardo Clayton (“Clayton”) petitions this Court to issue a writ of habe-as corpus pursuant to Florida Rule of Appellate Procedure 9.100. We deny the petition and issue an order to show cause, as described below. ■

In 2005, Clayton stole three 12-packs of beer from a gas station store. When confronted by the store employee at Clayton’s vehicle, Clayton allegedly threatened the employee with a gun. Clayton was apprehended and charged with armed robbery.

In June of 2006, a jury convicted Clayton of the lesser offense of robbery without the use of a firearm. This Court affirmed the final…