Johnston v. State
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The Supreme Court affirmed the postconviction court’s order summarily denying Appellant’s first successive postconviction motion filed under Fla. R. Crim. P. 3.851.
Appellant was convicted of first-degree murder, kidnapping, robbery, sexual battery, and burglary of a conveyance with assault. The trial court sentenced Appellant to death following a unanimous jury recommendation for death. In the instant successive postconviction motion, Appellant claimed that he was entitled to relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016). The Supreme Court affirmed the postconviction court’s denial of relief, holding that the Hurst error in this case was harmless beyond a reasonable doubt.
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