Kenneth Darcell Quince v. State Florida

Appellant, Kenneth Quince, was indicted for the first-degree murder, burglary and sexual battery of an eighty-two year old woman. He pleaded guilty and was convicted of first-degree felony murder and burglary. He waived a sentencing jury, and the trial court imposed the death sentence. This court affirmed the imposition of the death penalty. Quince v. State, 414 So.2d 185 (Fla.), cert. denied, 459 U.S. 895, 103 S. Ct. 192, 74 L. Ed. 2d 155 (1982). Appellant then filed a rule 3.850 motion for post-conviction relief in the circuit court. While the motion was pending, the Governor signed a death warrant. The circuit court granted appellants motion for a stay of execution and subsequently granted his request for an evidentiary hearing on his 3.850 motion. After a lengthy hearing lasting four days, the circuit court denied the motion for post-conviction relief. Appellant appeals the circuit courts denial of his motion. We have jurisdiction. Art. V, ? 3(b)(1), Fla. Const.