LENARD vs. STATE OF FLORIDA
Supreme Court of Florida
____________
No. SC04-1036
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LENARD JAMES PHILMORE,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
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No. SC05-250
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LENARD JAMES PHILMORE,
Petitioner,
vs.
JAMES R. MCDONOUGH, etc.,
Respondent.
[June 15, 2006]
PER CURIAM.
In 2002, this Court affirmed Lenard James Philmore's sentence of death. See Philmore v. State, 820 So. 2d 919 (Fla. 2002). Philmore now appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions the Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained in this opinion, we affirm the trial court's order and deny the petition for a writ of habeas corpus.
FACTS AND PROCEDURAL HISTORY
Philmore was convicted of first-degree murder, conspiracy to commit robbery with a deadly weapon, carjacking with a deadly weapon, kidnapping, robbery with a deadly weapon, and third-degree grand theft based upon the events surrounding the 1997 abduction and murder of Kazue Perron. The facts of this case are fully set forth in this Court's opinion on direct appeal. See Philmore, 820 at 923-25. Briefly stated, on November 14, 1997, Philmore and codefendant Anthony Spann devised a plan to rob a bank to obtain money to travel to New York. See id. at 923. Spann told Philmore that to facilitate this robbery they would need to steal a getaway vehicle and kill the driver of the vehicle they stole. See id.
They ultimately spotted Perron driving a gold Lexus in a residential community, and the two followed her.
At approximately 1 p.m., Perron entered the driveway of a friend with whom she intended to run errands. Upon entering the driveway, Spann told Philmore to â€
