Opinion
No. SC09-1411.
May 6, 2010.
Lower Tribunal No(s). 94-150-CF-B.
Anthony Floyd Wainwright, a prisoner under sentence of death, appeals the circuit court's summary denial of his second successive motion for postconviction relief. Wainwright was convicted of first-degree murder, robbery, kidnapping, and sexual battery, all with a firearm, in the 1994 murder of Carmen Gayheart.Wainwright v. State, 704 So. 2d 511, 512 (Fla. 1997). Wainwright was sentenced to death, and we affirmed the murder conviction and death sentence on direct appeal.Id. at 516. Thereafter, Wainwright filed two postconviction challenges to his murder conviction and death sentence, the denials of which we have affirmed. See Wainwright v. State, 2 So. 3d 948, 952 (Fla. 2008); Wainwright v. State, 896 So. 2d 695, 704 (Fla. 2004).
On May 26, 2009, Wainwright filed a second successive motion for postconviction relief, raising a newly discovered evidence claim based on past medical and educational records and allegedly new neuropsychological evidence. Wainwright claimed that this evidence would show that his mental age at the time of the murder was below eighteen years. The circuit court summarily denied Wainwright's motion, finding that the motion did not raise issues of newly discovered evidence and was thus untimely and successive according to Florida Rule of Criminal Procedure 3.851. We affirm the denial. We agree that Wainwright's allegation is insufficient to support a newly discovered evidence claim.
Wainwright failed to explain why the facts upon which he based his claim were not previously known and could not have been discovered through due diligence. See Fla. R. Crim. Pro. 3.851(e)(2)(C)(iv).
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.