Armstrong v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree murder, attempted murder, and armed robbery. Defendant was sentenced to death after the jury recommended a death sentence by a vote of nine to three. The Supreme Court, on appeal from the denial of postconviction relief, vacated Defendant’s death sentence and remanded for a new penalty phase. After the second penalty phase, the jury once again recommended the death sentence by a vote of nine to three. The Supreme Court affirmed. Defendant subsequently filed a motion to vacate his sentence of death under Fla. R. Crim. P. 3.851, raising ten claims. The circuit court denied relief. Defendant appealed and also petitioned for a writ of habeas corpus. The Supreme Court reversed the denial of postconviction relief, holding that Defendant’s sentence was a result of a Hurst v. Florida error, and the error was not harmless beyond a reasonable doubt. Remanded for a new penalty phase.
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