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Victor Tony JONES, Appellant, v. STATE of Florida, Appellee.

Florida Supreme Court2018-05-02No. No. SC18–285
241 So. 3d 65

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Opinion

majority opinion

PER CURIAM.

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

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

After reviewing Jones response to the order to show cause, as well as the States arguments in reply, we conclude that Jones is not entitled to relief. A jury convicted Jones of two counts of first-degree murder and recommended a sentence of death for each count, one by a vote of ten to two and the other by a vote of twelve to zero. Jones v. State , 652 So.2d 346, 348 (Fla. 1995). Following the jurys recommendations, the trial court sentenced Jones to death on both counts. Id. Jones sentences of death became final in 1995. Jones v. Florida , 516 U.S. 875, 116 S.Ct. 202, 133 L.Ed.2d 136 (1995). Thus, Hurst does not apply retroactively to Jones sentences of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of Jones motion.

The Court having carefully considered all arguments raised by Jones, 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 .