MANUEL ANTONIO RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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The Florida Supreme Court affirmed the denial of Rodriguez's motion for post-conviction relief seeking retroactive application of Hurst v. Florida to his death sentences. The Court held that Hurst does not apply retroactively to sentences that became final in 2000.
Hurst does not apply retroactively to Rodriguez's sentences of death because his sentences became final in 2000, well before the Hurst decision.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief seeking to vacate a death sentence based on Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Rodriguez's sentences of death.”
The court's holding that Hurst's requirements do not apply to sentences that became final before the Hurst decision
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Join FLexlaw to unlock all legal intelligenceRodriguez was convicted by jury of three counts of first-degree murder. The trial court sentenced Rodriguez to death on each count after the jury unan…
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We have for review Manuel Antonio Rodriguez's appeal of the circuit court's order denying Rodriguez's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Rodriguez'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 *919Hurst 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 Rodriguez'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, Rodriguez responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Rodriguez's response to the order to show cause, as well as the State's arguments in reply, we conclude that Rodriguez is not entitled to relief. A jury convicted Rodriguez of three counts of first-degree murder, and the trial court sentenced Rodriguez to death on each count after the jury unanimously recommended a sentence of death for each count. Rodriguez v. State, 753 So.2d 29, 35 (Fla. 2000). Rodriguez's sentences of death became final in 2000. Rodriguez v. Florida, 531 U.S. 859, 121 S.Ct. 145, 148 L.Ed.2d 96 (2000). Thus, Hurst does not apply retroactively to Rodriguez's sentences of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Rodriguez's motion.
The Court having carefully considered all arguments raised by Rodriguez, 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.
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Rodriguez v. State, 260 So. 3d 146 (Fla. 2018)…--, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Rodriguez responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So. 3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), and Rodriguez v. State , 237 So. 3d 918 (Fla. 2018), petition for cert. filed , No. 18-6505 (U.S. July 2, 2018), should not be dispositive in this case. After reviewing Rodriguez's response to the order to show cause, as well as the State's arguments in reply, we conclude that our prior…
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)
- Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)
- 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)