PABLO SAN MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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The court held that the defendant is not entitled to relief because the Supreme Court's decision in Hurst v. Florida does not apply retroactively to his death sentence.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief seeking application of a new Supreme Court ruling will be denied if the ruling does not apply retroactively to the movant's sentence.
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Join FLexlaw to unlock all legal intelligencePablo San Martin appealed the denial of his motion for post-conviction relief, which was based on recent Supreme Court decisions regarding death penal…
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We have for review Pablo San Martin's appeal of the circuit court's order denying San Martin's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
San Martin'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). After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), San Martin responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing San Martin's response to the order to show cause, as well as the State's arguments in reply, we conclude that San Martin is not entitled to relief. San Martin was sentenced to death following a jury's recommendation for death by a vote of nine to three. San Martin v. State , 705 So.2d 1337, 1342 (Fla. 1997). San Martin's sentence of death became final in 1998. San Martin v. Florida , 525 U.S. 841, 119 S.Ct. 105, 142 L.Ed.2d 84 (1998). Thus, Hurst does not apply retroactively to San Martin's sentence of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of San Martin's motion.
The Court having carefully considered all arguments raised by San Martin, 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.
*931I 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)
- Martin v. State, 705 So. 2d 1337 (Fla. 1997)