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Anton J. KRAWCZUK, Appellant, v. STATE of Florida, Appellee.

Florida Supreme Court2018-01-31No. No. SC17–1142
237 So. 3d 915

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Opinion

majority opinion

PER CURIAM.

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

Krawczuks 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 Krawczuks appeal pending the disposition of Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock, Krawczuk responded to this Courts order to show cause arguing why Hitchcock should not be dispositive in this case.

After reviewing Krawczuks response to the order to show cause, as well as the States arguments in reply, we conclude that Krawczuk is not entitled to relief. Krawczuk was sentenced to death following a jurys unanimous recommendation for death. Krawczuk v. State, 634 So.2d 1070, 1072 (Fla. 1994). Krawczuks sentence of death became final in 1994. Krawczuk v. Florida, 513 U.S. 881, 115 S.Ct. 216, 130 L.Ed.2d 143 (1994). Thus, Hurst does not apply retroactively to Krawczuks sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Krawczuks motion.

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

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

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

LEWIS and CANADY, JJ., concur in result.

QUINCE, J., recused.

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.