Florida Supreme Court opinion in Mark Schwab

http://www.oranous.com/florida/MarkSchwab/FSCopinioninSchwab.htm

http://www.oranous.com/florida/MarkSchwab/Filed_11-01-2007_Opinion.pdf

Supreme Court of Florida

No. SC07-1603

MARK DEAN SCHWAB,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

[November 1, 2007]

PER CURIAM.

Mark Dean Schwab, a prisoner under sentence of death and under an active death warrant, appeals the circuit court’s order denying his successive motion for postconviction relief, which was filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution. For the reasons stated below, we affirm the postconviction court’s order denying relief.