Opinion
No. SC06-1553.
October 3, 2007.
Lower Tribunal No(s). 88-18180-B.
Juan David Rodriguez, a prisoner under sentence of death, appeals the circuit court's summary denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)( 1), Fla. Const. Rodriguez seeks an evidentiary hearing regarding his claim of mental retardation pursuant to Florida Rule of Criminal Procedure 3.203 and Atkins v. Virginia, 536 U.S. 304 (2002).
The plain language of Rule 3.203(e) requires an evidentiary hearing whenever a defendant under sentence of death timely seeks a determination of mental retardation. Accordingly, we reverse the circuit court's summary denial and remand this case to the circuit court with directions that it hold an evidentiary hearing specifically and directly addressing Rodriguez's mental retardation claim as required by the rule.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.