Deviney v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree murder. The jury returned a recommendation in favor of death by a vote of eight to four. The trial court accepted the recommendation and sentenced Defendant to death. The Supreme Court affirmed the conviction and vacated the death sentence, holding (1) it cannot be concluded beyond a reasonable doubt that a Hurst v. Florida error did not contribute to Defendant’s sentence; and (2) the trial court properly denied Defendant’s motion for judgment of acquittal, and there was no error in the guilt phase of trial. Remanded for a new penalty phase.
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