Deviney v. State
Decision Date | 06 May 2021 |
Docket Number | No. SC17-2231,SC17-2231 |
Citation | 322 So.3d 563 |
Parties | Randall T. DEVINEY, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Jessica J. Yeary, Public Defender, and Barbara J. Busharis, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Appellant
Ashley Moody, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, Florida, for Appellee
Randall T. Deviney appeals the sentence of death imposed on him after a new penalty phase ordered by this Court in Deviney v. State , 213 So. 3d 794 (Fla. 2017). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons explained below, we affirm the sentence of death.
Deviney was convicted1 by a jury of the August 5, 2008, first-degree murder of Dolores Futrell at her home in Jacksonville, Florida. Deviney , 213 So. 3d at 798. The jury found that the murder was both premeditated and "committed during the commission of a felony, with burglary or attempted burglary and attempted sexual battery as the underlying felonies." Id. The trial court sentenced Deviney to death following an eight-to-four jury vote recommending a sentence of death during the penalty phase. Id. On direct appeal, we found no error in the guilt phase of trial and affirmed Deviney's conviction. Id. at 800. However, we remanded for a new penalty phase pursuant to Hurst v. State , 202 So. 3d 40 (Fla. 2016), receded from in part by State v. Poole , 297 So. 3d 487 (Fla. 2020). Deviney , 213 So. 3d at 799.
On October 11, 2017, the trial court conducted the new penalty phase. As the new penalty-phase jury did not hear the evidence that was presented during the guilt phase of Deviney's trial, the State presented virtually the same evidence and witness testimony introduced in the guilt phase during the new penalty proceedings. We previously described the guilt phase evidence as follows:
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