Opinion
SC2015-1628 SC2018-0392
08-24-2023
Guillermo Octavio Arbelaez, Appellant(s) v. State of Florida, Appellee(s) Guillermo Octavio Arbelaez, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)
Lower Tribunal No(s).: 131988CF0055460001XX, 131988CF0055460001XX
The "Motion for Rehearing" filed by the Appellant/Petitioner is hereby denied.
MUNIZ, CJ, and CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ, concur LABARGA, J, concurs with an opinion. SASSO, J., did not participate.
LABARGA, J., concurring.
I continue to adhere to my dissent in Arbelaez v. State, 48 Fla.L.Weekly S88 (Fla. May 25, 2023), wherein I reaffirmed my dissenting view in Phillips v. State, 299 So.3d 1013 (Fla. 2020), and my belief that Hall v. Florida, 572 U.S. 701 (2014), applies retroactively.
However, I agree that Arbelaez has not established a basis for this Court to grant rehearing. Consequently, I have voted to deny rehearing.