KONSTANTINOS X. FOTOPOULOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Fotopoulos appeals the denial of his Florida Rule of Criminal Procedure 3.851 motion seeking relief based on Hurst v. Florida, which changed capital sentencing requirements. The Florida Supreme Court affirms the denial, holding that Hurst does not apply retroactively to Fotopoulos's 1993 death sentences.
Hurst does not apply retroactively to Fotopoulos's sentences of death because his sentences became final in 1993, well before Hurst was decided. Therefore, Fotopoulos is not entitled to relief, and the circuit court's order denying his 3.851 motion is affirmed.
[1] The United States Supreme Court's decision in Hurst v. …
[2] A motion for postconviction relief based on Hurst v. …
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Join FLexlaw to unlock all legal intelligence“Thus, Hurst does not apply retroactively to Fotopoulos's sentences of death.”
Establishes the holding that Hurst does not apply retroactively to sentences that became final before Hurst was decided.
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Join FLexlaw to unlock all legal intelligenceFotopoulos was convicted of two counts of first-degree murder. A jury recommended death sentences for both murders by a vote of eight to four. The tri…
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We have for review Konstantinos X. Fotopoulos's appeal of the circuit court's order denying Fotopoulos's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Fotopoulos'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 Fotopoulos'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, Fotopoulos responded to this Court's order to show *912cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Fotopoulos's response to the order to show cause, as well as the State's arguments in reply, we conclude that Fotopoulos is not entitled to relief. Fotopoulos's jury found him guilty of two counts of first-degree murder and recommended a sentence of death for both murders by a vote of eight to four.1 Fotopoulos v. State, 608 So.2d 784, 787 (Fla. 1992). Following the jury's recommendations, the trial court sentenced Fotopoulos to death on both counts. Id. Fotopoulos's sentences of death became final in 1993. Fotopoulos v. Florida, 508 U.S. 924, 113 S.Ct. 2377, 124 L.Ed.2d 282 (1993). Thus, Hurst does not apply retroactively to Fotopoulos's sentences of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the denial of Fotopoulos's motion.
The Court having carefully considered all arguments raised by Fotopoulos, 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, --- 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)
- Konstantinos X. Fotopoulos v. State, 608 So. 2d 784 (Fla. 1992)
- 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)