Michael T. Rivera v. State of Florida

This case is before the Court on appeal from an order denying a motion to vacate a 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 *922 of the appeal under article V, section 3(b)(1) of the Florida Constitution.

FACTS AND BACKGROUND

Michael T. Rivera was convicted of first-degree murder and was sentenced to death. Rivera v. State ( Rivera I ), 561 So.2d 536 , 537 (Fla. 1990). In affirming his convictions and sentences on direct appeal, this Court set forth the pertinent facts…