Ken E. Lott v. State Of Florida

Supreme Court of Florida

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No. SC04-1814

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KEN E. LOTT,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

[April 13, 2006]

PER CURIAM.

Ken E. Lott, a prisoner under sentence of death, appeals the circuit court's orders denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and denying his motion for DNA testing under Florida Rule of Criminal Procedure 3.853. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. As to both motions, we affirm the denial of relief.

I. FACTS AND PROCEDURAL HISTORY

Lott was convicted of first-degree murder and sentenced to death for killing Rose Conners in March 1994. We affirmed his conviction and sentence on direct appeal. See Lott v. State, 695 So. 2d 1239 (Fla.), cert. denied, 522 U.S. 986 (1997). He then filed a motion for postconviction relief under rule 3.850, which the circuit court summarily denied. After holding oral argument, we remanded for an evidentiary hearing â€