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Gonzalez v. State

Supreme Court of Florida.
Mar 23, 2018
240 So. 3d 629 (Fla. 2018)

Opinion

No. SC17–1499

03-23-2018

Ricardo GONZALEZ, Appellant, v. STATE of Florida, Appellee.

Jeffrey Evan Feiler, Miami, Florida, for Appellant Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Melissa J. Roca, Assistant Attorney General, Miami, Florida, for Appellee


Jeffrey Evan Feiler, Miami, Florida, for Appellant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Melissa J. Roca, Assistant Attorney General, Miami, Florida, for Appellee

PER CURIAM.

We have for review Ricardo Gonzalez's appeal of the circuit court's order denying Gonzalez's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Gonzalez'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 Gonzalez's appeal pending the disposition of Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , ––– U.S. ––––, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided Hitchcock , Gonzalez responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.

After reviewing Gonzalez's response to the order to show cause, as well as the State's arguments in reply, we conclude that Gonzalez is not entitled to relief. Gonzalez was sentenced to death following a jury's recommendation for death by a vote of eight to four, and his sentence of death became final in 2001. Gonzalez v. State , 786 So.2d 559, 563 (Fla. 2001). Thus, Hurst does not apply retroactively to Gonzalez's sentence of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the denial of Gonzalez's motion.

Although our decision affirming Gonzalez's death sentence does not specify the number of Gonzalez's jurors who voted to recommend death, our decision affirming the denial of his initial motion for postconviction relief does. See

The Court having carefully considered all arguments raised by Gonzalez, 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 .

Gonzalez v. State , 990 So.2d 1017, 1022 (Fla. 2008).


Summaries of

Gonzalez v. State

Supreme Court of Florida.
Mar 23, 2018
240 So. 3d 629 (Fla. 2018)
Case details for

Gonzalez v. State

Case Details

Full title:Ricardo GONZALEZ, Appellant, v. STATE of Florida, Appellee.

Court:Supreme Court of Florida.

Date published: Mar 23, 2018

Citations

240 So. 3d 629 (Fla. 2018)