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Brandy Bain JENNINGS, Appellant, v. STATE of Florida, Appellee.

Florida Supreme Court2018-01-29No. No. SC17–938
237 So. 3d 909

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Opinion

majority opinion

PER CURIAM.

We have for review Brandy Bain Jennings appeal of the circuit courts order denying Jennings motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Jennings motion sought relief pursuant to the United States Supreme Courts decision in Hurst v. Florida, --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied, --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). This Court stayed Jennings appeal pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Jennings responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.

After reviewing Jennings response to the order to show cause, as well as the States arguments in reply, we conclude that Jennings is not entitled to relief. A jury convicted Jennings of three counts of first-degree murder and recommended a death sentence for each murder by a vote of ten to two. Jennings v. State, 718 So.2d 144, 147 (Fla. 1998). Following the jurys recommendations, the trial court sentenced Jennings to death on all three counts of murder. Id. Jennings sentences of death became final in 1999. Jennings v. Florida, 527 U.S. 1042, 119 S.Ct. 2407, 144 L.Ed.2d 805 (1999). Thus, Hurst does not apply retroactively to Jennings sentences of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Jennings motion.

The Court having carefully considered all arguments raised by Jennings, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.

LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.

PARIENTE, J., concurs in result with an opinion.

LEWIS and CANADY, JJ., concur in result.

PARIENTE, J., concurring in result.

I concur in result because I recognize that this Courts opinion in Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock.