Opinion
No. SC07-2007.
October 31, 2008.
Lower Tribunal No(s). 87-856-A.
Frank A. Walls, an inmate sentenced to death, appeals the trial court's denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and the trial court's order concluding that he is not mentally retarded under Florida Rule of Criminal Procedure 3.203. We have jurisdiction. See art. V, § 3(b)( 1), Fla. Const. We conclude that the trial court's finding that Walls is not mentally retarded is supported by competent, substantial evidence and affirm the denial of relief. According to Florida Rule of Criminal Procedure 3.203(b), Walls must prove the following three elements: (1) significant subaverage general intellectual functioning; (2) deficits in adaptive behavior; and (3) manifestation before age eighteen.See also § 921.137(1), Fla. Stat. (2007). Under section 921.137(1), "significantly subaverage general intellectual functioning" correlates with an IQ of 70 or below. See Jones v. State, 966 So. 2d 319 (Fla. 2007); see also Cherry v. State, 959 So. 2d 702 (Fla. 2007) (holding that the statutory definition of mental retardation requires a showing that a defendant had an IQ score of 70 or below). There is no evidence that Walls has ever had an IQ of 70 or below. Accordingly, we affirm the trial court's order denying Wall's successive 3.851 motion and its conclusion that Walls is not mentally retarded. It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANADY, and POLSTON, JJ., concur.