Whitton v. State
Annotate this CaseThe Supreme Court affirmed the circuit court’s order denying Gary Richard Whitton’s motion filed under Fla. R. Crim. P. 3.851, holding that Whitton 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). Whitton was sentenced to death following a jury’s unanimous recommendation for death. Whitton’s sentence of death became final in 1995. The Supreme Court held that Hurst did not apply retroactively to Whitton’s sentence of death and, accordingly, affirmed the denial of Whitton’s motion.
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