Occhicone v. State
Annotate this CaseThe Supreme Court affirmed the circuit court’s order denying Dominick A. Occhicone’s motion filed under Fla. R. Crim. P. 3.851, holding that Occhicone was not entitled to relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and this court’s decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Occhicone was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Occhicone’s sentence of death became final in 1991. The Supreme Court held that Hurst did not apply retroactively to Occhicone’s sentence of death and, accordingly, affirmed the denial of Occhicone’s motion.
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