Opinion
Case No. SC03-1969.
April 1, 2005.
Lower Tribunal No. 88-28-CF.
Richard Earl Shere, Jr., a prisoner under sentence of death, appeals the denial of his successive motion for postconviction relief filed pursuant to rule 3.851, Florida Rules of Criminal Procedure. We affirm the trial court's denial of relief based on our determination in Monlyn v. State, 29 Fla. L. Weekly S741, S743-44 (Fla. Dec. 2, 2004), that Ring v. Arizona, 536 U.S. 584 (2002) does not apply retroactively.
PARIENTE, C.J., and WELLS, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.
ANSTEAD, J., dissents.