Opinion
SC2021-1767
10-05-2023
Christian Cruz, Appellant(s) v. State of Florida, Appellee(s)
Lower Tribunal No(s).: 642013CF102943XXXADL
Appellant's "Motion for Rehearing" is hereby denied.
MUNIZ, CJ, and CANADY, COURIEL, GROSSHANS, and FRANCIS, JJ, concur
SASSO, J., did not participate.
LABARGA, J., dissenting.
Given my fundamental disagreement with the majority's view that the conformity clause prohibits proportionality review in death penalty cases, I dissented to the majority's decision to expressly disavow relative proportionality review in Cruz v. State, 48 Fla.L.Weekly S140 (Fla. July 6, 2023).
As such, I would vote to grant rehearing.