Mendoza v. State

This case is before the Court on appeal from an order denying an amended motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. The Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const. As discussed below, we affirm the circuit court’s judgment.

I. FACTS AND PROCEDURAL HISTORY

This is Marbel Mendoza’s third appeal pertaining to this initial rule 3.851 proceeding, arising from a 1994 conviction and death sentence. Mendoza was indicted for first-degree murder, both premeditated and felony murder, as well as…