SC02-2044 - Donald David Dillbeck V. State of Florida & SC03-1123 - Donald David Dillbeck V. James V. Crosby, Jr.

State: Florida

Docket No: SC02-2044

Case Date: 08/26/2004

Preview:Supreme Court of Florida
_________________________ Nos. SC02-2044 & SC03-1123 _________________________

DONALD DAVID DILLBECK, Appellant, vs. STATE OF FLORIDA, Appellee. _________________________

DONALD DAVID DILLBECK, Petitioner, vs. JAMES V. CROSBY, JR., Respondent. [August 26, 2004] PER CURIAM. Donald David Dillbeck, an inmate under sentence of death, appeals an order of the circuit court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He also petitions this Court for a writ of habeas

corpus. 1 For the reasons that follow, we affirm the circuit court's denial of one of Dillbeck's ineffective assistance of counsel claims, but we remand the remaining claims and instruct the circuit court to make findings of fact and conclusions of law as required by Florida Rule of Criminal Procedure 3.850(d). We also deny Dillbeck's petition for a writ of habeas corpus. I. INTRODUCTION Dillbeck was convicted of first-degree murder, armed robbery, and armed burglary.2 In accordance with the jury's eight-to-four recommendation, the trial judge sentenced Dillbeck to death for the murder conviction, finding five aggravating circumstances, 3 one statutory mitigating circumstance,4 and several

1. We have jurisdiction. See art. V,

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