KENNETH LOUIS DESSAURE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 2017-11-16
No. SC17-1075
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
230 So. 3d 411 Florida Supreme Court (2017) Positive Treatment
Cited by 5 cases
Topics
Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We hereby affirm the trial court’s denial of Kenneth Louis Dessaure’s successive *412motion for postconviction relief. See Mullens v. State, 197 So.3d 16, 40 (Fla. 2016) (determining that defendant who validly waived penalty phase jury was not entitled to relief under Hurst because a defendant “cannot subvert the right to jury factfind-ing by waiving that right and then suggesting that a subsequent development in the law has fundamentally undermined his sentence”), cert. denied, - U.S. -, 137 S.Ct. 672, 196 L.Ed.2d 557 (2017); see also Brant v. State, 197 So.3d 1051, 1079 (Fla. 2016) (relying on Mullens to conclude that a claim for Hurst relief after defendant waived penalty phase jury was equally precluded in the postconviction context).

It is so ordered."

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lynch v. State, 254 So. 3d 312 (Fla. 2018)
    …phase jury cannot later claim relief under Hurst and its progeny. Hutchinson v. State , 243 So. 3d 880, 883 (Fla. 2018) ; Rodgers v. State , 242 So. 3d 276, 276-77 (Fla. 2018) ; Allred v. State , 230 So. 3d 412, 413 (Fla. 2017) ; Deassure v. State , 230 So. 3d 411, 412 (Fla. 2017) ; Twilegar v. State , 228 So. 3d 550, 551 (Fla. 2017) ; Covington v. State , 228 So. 3d 49, 69 (Fla. 2017) ; Wright v. State , 213 So. 3d 881, 903 (Fla.), vacated on other grounds , --- U.S. ----, 138 S.Ct. 360, 199 L.Ed.2d 260 (201…
  • Allred v. State, 230 So. 3d 412 (Fla. 2017)
    …has fundamentally undermined his sentence.” Mullens, 197 So. 3d at 40. This Court has consistently relied on Mul-lens to deny Hurst relief to defendants that have waived the right to a penalty phase jury. See, e.g., Dessaure v. State, No. SC17-1075, 230 So. 3d 411, 2017 WL 5494384 (slip op. issued Fla. Nov. 16, 2017); Twilegar v. State, No. SC17-839, 228 So. 3d 550, 2017 WL 4985519 (Fla. Nov. 2, 2017); Covington v. State, 42 Fla. L. Weekly S787, 2017 WL 3764377, at *14 (Fla. Aug. 31, 2017); Knight v. State, 2…
  • Brant v. State (Fla. 2019)

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