NORBERTO PIETRI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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The court held that the defendant is not entitled to relief because the Supreme Court's decision in Hurst v. Florida does not apply retroactively to his death sentence.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851 is subject to prior controlling precedent from the Florida Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThe defendant appealed the denial of his motion for postconviction relief, which was based on a Supreme Court decision regarding death penalty sentenc…
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We have for review Norberto Pietri's appeal of the circuit court's order denying Pietri's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Pietri's motion sought relief pursuant to the United States Supreme Court's 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 Pietri's 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, Pietri responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Pietri's response to the order to show cause, as well as the State's arguments in reply, we conclude that Pietri is not entitled to relief. Pietri was sentenced to death following a jury's recommendation for death by a vote of eight to four. Pietri v. State, 644 So.2d 1347, 1349 (Fla. 1994). Pietri's sentence of death became final in 1995. Pietri v. Florida, 515 U.S. 1147, 115 S.Ct. 2588, 132 L.Ed.2d 836 (1995). Thus, Hurst does not apply retroactively to Pietri's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Pietri's motion.
The Court having carefully considered all arguments raised by Pietri, 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 Court's opinion in Hitchcock v. State, 226 So.3d 216 (Fla. 2017), cert. denied, *237--- 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Hurst v. Florida., 136 S. Ct. 616 (U.S. 2016)
- Hurst v. State, 202 So. 3d 40 (Fla. 2016)
- Florida v. Hurst., 137 S. Ct. 2161 (U.S. 2017)
- Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
- Rainey v. Dist. Attorney Off. of Philadelphia., 138 S. Ct. 513 (U.S. 2017)
- Ward v. Neal, 137 S. Ct. 2161 (U.S. 2017)
- Boone v. Lorie Davis, 137 S. Ct. 2163 (U.S. 2017)
- Loud v. Lorie Davis, 138 S. Ct. 513 (U.S. 2017)
- Allen v. United States, 138 S. Ct. 513 (U.S. 2017)
- Norberto Pietri v. State, 644 So. 2d 1347 (Fla. 1994)