Opinion
No. SC07-489.
July 9, 2007.
Lower Tribunal No(s). F76-3350B.
William Lee Thompson, 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. Thompson 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 trial court determined that Thompson's claim was procedurally barred because the issue of mental retardation was raised as mitigation and litigated in Thompson's 1989 resentencing proceeding. We conclude this determination was error because the evidence in this case was presented for mitigation, not as evidence of mental retardation as a bar to execution.
Accordingly, we reverse the trial court's summary denial and remand to the circuit court in order to allow Thompson to plead and prove the elements necessary to establish mental retardation, specifically including the threshold requirements set forth in Cherry v. State, 32 Fla. L. Weekly S151 (Fla. April 12, 2007). See also section 921.137(1), Fla. Stat.; Fla.R.Crim.P. 3.203(c) (e). Any motion filed in conformance with this Order shall be filed in the Circuit Court within thirty (30) days of the date of this Order. The trial court shall proceed in an expedited manner, and any evidentiary hearing must be held and an order entered within ninety (90) days of the date of this order. It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.