State v. Herring

This case is before the Court on appeal from an order granting Ted Herring’s motion to vacate his sentence of death under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction under article V, section 3(b)(1) of the Florida Constitution. For reasons outlined below, we reverse the circuit court’s order granting Herring’s motion to vacate his sentence of death.

I. FACTS AND PROCEDURAL HISTORY

In May 1981, Ted Herring shot and killed a convenience store clerk during a robbery in Daytona Beach, Florida.…