State v. Smith
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The Supreme Court affirmed the postconviction court’s order vacating Appellee’s sentence of death and granting Appellee a new penalty phase, holding that the Hurst error in Appellee’s case was not harmless beyond a reasonable doubt.
Appellee was convicted of first-degree murder, kidnapping, and capital sexual battery and sentenced to death. The jury recommended a death sentence by a vote of ten to two. The Supreme Court affirmed the convictions and sentence. Appellee’s death sentence became final in 2011. After the issuance of Hurst v. Florida, 136 S. Ct. 616 (2016), Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), and its progeny, Appellee filed a successive motion to vacate death sentence. The postconviction court granted the motion with regard to the claim that Appellee was entitled to a new penalty phase. The Supreme Court affirmed, holding that because the jury did not make the requisite factual findings under Hurst and did not unanimously recommend a sentence of death, the Hurst error in Appellee’s case was not harmless beyond a reasonable doubt.
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