concurring.
The other capital case in which execution was scheduled for tomorrow is James v. Wainwright, ante this page. I voted to grant a stay of execution in that case. Both James and this case profess to present claims similar to that pending before the Court in Lockhart v. McCree, No. 84-1865.
This case, however, presents an issue different from James and one without merit. In James, the Lockhart issue was at least ar*1075guably presented when persons on the venire who expressed reservations as to capital punishment were removed by peremptory challenges. In this case, applicant “conced[ed] in this petition [before the Supreme Court of Florida] that at his trial ‘no veniremen were excluded’ during voir dire, either for cause or through peremptory challenge.” Harich v. Wainwright, 484 So. 2d 1237 (1986). Similarly, before this Court applicant makes no allegation that persons on the venire were excluded during voir dire because of any objections to capital punishment.
Accordingly, my vote is to deny the application for a stay of execution.