Jimenez v. State
Decision Date | 26 September 2001 |
Docket Number | No. SC00-1436.,SC00-1436. |
Citation | 810 So.2d 511 |
Parties | Jose JIMENEZ, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Louis Casuso, Miami, FL, for Appellant.
Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, Miami, FL, for Appellee.
Jose Jimenez, a prisoner under sentence of death, appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
In 1994, a jury found Jimenez guilty of first-degree murder and burglary of an occupied dwelling with an assault and battery and unanimously recommended a sentence of death. On direct appeal, the conviction and sentence were affirmed based in part upon the following pertinent facts:
On October 2, 1992, Jimenez beat and stabbed to death sixty-three-year-old Phyllis Minas in her home. During the attack her neighbors heard her cry, and tried to enter her apartment through the unlocked front door. Jimenez slammed the door shut, locked the locks on the door, and fled the apartment by exiting onto the bedroom balcony, crossing over to a neighbor's balcony and then dropping to the ground. Rescue workers arrived several minutes after Jimenez inflicted the wounds, and Minas was still alive. After changing his clothes and cleaning himself up, Jimenez spoke to neighbors in the hallway and asked one of them if he could use her telephone to call a cab.
Jimenez v. State, 703 So.2d 437, 438 (Fla. 1997).
At the time of the murder, section 810.02(1), Florida Statutes (1991), defined burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." On direct appeal Jimenez argued that the burglary was not proven because there was no proof of forced entry or that Minas refused entry or that she demanded that he leave the apartment. We held that "[n]either forced entry nor entry without consent are requisite elements of the burglary statute" and that circumstantial proof could establish that the occupant withdrew his or her consent. Jimenez, 703 So.2d at 441. In affirming Jimenez's convictions and sentences, we concluded that the trier of fact could reasonably have found beyond a reasonable doubt that Minas withdrew consent for Jimenez to remain in her home when he brutally beat and stabbed her numerous times. Id.
In Delgado v. State, 776 So.2d 233, 240 (Fla.2000), this Court receded from Jimenez and held:
Immediately after the release of this Court's opinion in Delgado, Jimenez filed an amended 3.850 motion for postconviction relief, presenting the issue of whether Delgado should apply retroactively. The circuit...
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...Laws of Florida can be viewed as clarifying4 the legislative intent that originally animated the burglary statute. See Jimenez v. State, 810 So.2d 511, 512 (Fla.2001) (noting that "in its most recent session, the Legislature declared that Delgado was decided contrary to legislative intent a......
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Hannon v. State
...were affirmed on direct appeal on June 2, 1994, and therefore had become final prior to the release of Delgado. See Jimenez v. State, 810 So.2d 511, 512 (Fla.2001) (determining Delgado is not subject to retroactive application and that Jimenez was not entitled to relief pursuant to Delgado ......
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Hannon v. Secretary, Department of Corrections
...were affirmed on direct appeal on June 2, 1994, and therefore had become final prior to the release of Delgado. See Jimenez v. State, 810 So.2d 511, 512 (Fla.2001) (determining Delgado is not subject to retroactive application and that Jimenez was not entitled to relief pursuant to Delgado ......
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Jimenez v. State
...to the claims raised in these proceedings, in 2001, we upheld the denial of Jimenez's initial postconviction motion. Jimenez v. State , 810 So.2d 511, 513 (Fla. 2001). Thereafter, we affirmed the denial of Jimenez's first successive postconviction motion, which Jimenez filed in April 2005. ......