SC02-1410 - Daniel Jon Peterka V. State Of Florida & SC03-482 - Daniel Jon Peterka V. James V. Crosby, Jr.

State: Florida

Docket No: SC02-1410

Case Date: 09/30/2004

Preview:Supreme Court of Florida
____________ No. SC02-1410 ___________ DANIEL PETERKA, Appellant, vs. STATE OF FLORIDA, Appellee. ____________ No. SC03-482 ____________ DANIEL PETERKA, Petitioner, vs. JAMES V. CROSBY, JR., etc., Respondent. [September 30, 2004] PER CURIAM. Daniel Peterka was sentenced to death for the 1989 murder of his roommate, John Russell. This Court affirmed Peterka's first-degree premeditated murder conviction and death sentence. See Peterka v. State, 640 So. 2d 59, 62 (Fla. 1994). Peterka now appeals a trial court order denying postconviction relief following an

evidentiary hearing and further petitions this Court for a writ of habeas corpus.1 For the reasons that follow, we affirm the trial court's order denying Peterka postconviction relief and deny Peterka's habeas petition. FACTS AND PROCEDURAL HISTORY The facts of this case are fully set forth in this Court's opinion on direct appeal. See Peterka, 640 So. 2d at 62-65. Briefly stated, Peterka fled Nebraska in February 1989 after being sentenced to a one-year prison term for theft. He reappeared in Niceville, Florida, and sometime in April 1989, he moved into a rental duplex with Russell because Russell was having difficulty paying the rent. On June 27, 1989, Peterka obtained a duplicate driver's license with his picture and Russell's name. Peterka then cashed a $300 money order that was payable to Russell and had been mailed to Russell by a relative. Russell suspected that Peterka had stolen the money order but told several people that he was not going to confront Peterka, who kept a gun at the house. Russell was reported missing by his friend and co-worker, Gary Johnson, on July 13, 1989. Sheriff's Deputy Daniel Harkins questioned Peterka about Russell's whereabouts, and subsequently ran Peterka's name and birth date in the sheriff's office's computer, which indicated that Peterka was a fugitive from Nebraska with an outstanding warrant. Peterka was arrested early the next morning.

1. We have jurisdiction. See art. V,

Download SC02-1410 - Daniel Jon Peterka V. State Of Florida & SC03-482 - Daniel Jon