Conde v. State

This case is before the Court on appeal from an order denying Rory E. Conde’s first motion to vacate his first-degree murder conviction and sentence of death under Florida Rule of Criminal Procedure 8.851 after an evidentiary hearing. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction. See Art. V, § 3(b)(1), Fla. Const. We affirm the postconviction court’s order denying relief.

I. FACTS AND PROCEDURAL HISTORY

The facts of the underlying crime are set out in this Court’s opinion on Conde’s direct…