Opinion
Case No. SC07-1551.
June 18, 2008.
Lower Tribunal No(s). 92-32105CFAES.
Anthony Farina, a prisoner under sentence of death, appeals the denial of his successive motion for postconviction relief under rule 3.851. We have jurisdiction. See art. V, §§ 3(b)( 1), Fla. Const. We previously have affirmed Farina's conviction and death sentence for the murder of Michelle Van Ness, Farina v. State, 801 So. 2d 44 (Fla. 2001) (affirming Farina's death sentence); Farina v. State, 679 So. 2d 1151 (Fla. 1996) (affirming Farina's conviction), and the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. Farina v. State, 937 So. 2d 612 (Fla. 2006) (affirming the denial of Farina's postconviction motion and denying his petition for habeas corpus).
On appeal, Farina now challenges the validity of his death sentence, alleging newly discovered evidence under Jones v. State, 591 So. 2d 911 (Fla. 1991). The newly discovered evidence claim is based on a 2004 brain mapping study conducted on individuals between ages 4 to 21. After considering the record and the law as set forth in Jones, we hold that the study on brain mapping is not newly discovered evidence, seeSchwab v. State, 969 So. 2d 318, 325 (Fla. 2007) (holding that scientific articles related to brain anatomy and "new research studies" are not recognized as newly discovered evidence), and would not probably have changed the result on retrial. See Jones, 591 So. 2d at 915. The circuit court's order is hereby affirmed.
It is so ordered.
LEWIS, C.J., and WELLS, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
ANSTEAD, J., concurs in conclusion only.