FOSTER, vs. STATE

Supreme Court of Florida

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No. SC03-1331

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JERMAINE FOSTER,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

[March 23, 2006]

CORRECTED OPINION

PER CURIAM.

Jermaine Foster appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

FACTS

Foster was found guilty of first-degree murder and sentenced to death based on the following facts:

On the morning of November 28, 1993, Gerard Booker came to the trailer shared by Foster and Leondra Henderson and stated he wanted to recoup his recent gambling losses by committing robberies. The trio proceeded to Auburndale to a place called â€