ANTHONY LAMARCA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant is not entitled to postconviction relief because the Supreme Court's decision in Hurst v. Florida does not apply retroactively to his death sentence, which became final prior to the decision.
[1] The Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief based on Hurst v. …
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAnthony Lamarca appealed the denial of his motion for postconviction relief, which was based on the Supreme Court's decision in Hurst v. Florida. Lama…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Hitchcock V. State cases and more on FLexlaw
We have for review Anthony Lamarca's appeal of the circuit court's order denying Lamarca's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Lamarca's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida, --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied, --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). This Court stayed Lamarca's appeal pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Lamarca responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
*915After reviewing Lamarca's response to the order to show cause, as well as the State's arguments in reply, we conclude that Lamarca is not entitled to relief. Lamarca was sentenced to death following a jury's recommendation for death by a vote of eleven to one. LaMarca v. State, 785 So.2d 1209, 1211 (Fla. 2001). Lamarca's sentence of death became final in 2001. LaMarca v. Florida, 534 U.S. 925, 122 S.Ct. 281, 151 L.Ed.2d 207 (2001). Thus, Hurst does not apply retroactively to Lamarca's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Lamarca's motion.
The Court having carefully considered all arguments raised by Lamarca, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
PARIENTE, J., concurring in result.
I concur in result because I recognize that this Court's opinion in Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Hurst v. Florida., 136 S. Ct. 616 (U.S. 2016)
- Hurst v. State, 202 So. 3d 40 (Fla. 2016)
- Florida v. Hurst., 137 S. Ct. 2161 (U.S. 2017)
- Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
- Rainey v. Dist. Attorney Off. of Philadelphia., 138 S. Ct. 513 (U.S. 2017)
- Ward v. Neal, 137 S. Ct. 2161 (U.S. 2017)
- Boone v. Lorie Davis, 137 S. Ct. 2163 (U.S. 2017)
- Loud v. Lorie Davis, 138 S. Ct. 513 (U.S. 2017)
- Allen v. United States, 138 S. Ct. 513 (U.S. 2017)
- LaMARCA v. State, 785 So. 2d 1209 (Fla. 2001)