Gary Richard Whitton v. State of Florida

Gary Richard Whitton appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 8.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.

FACTS

Whitton was convicted for the 1990 murder of James Mauldin. On direct appeal, this Court summarized the events leading to Mauldin’s murder, and Whitton’s subsequent arrest and conviction as follows:

The evidence presented at trial revealed that Whitton and James S. Maul-din met…