Thompson v. State, SC18-1435
Citation | 261 So.3d 1255 (Mem) |
Decision Date | 07 January 2019 |
Docket Number | No. SC18-1435,SC18-1435 |
Parties | William Lee THOMPSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Neal Dupree, Capital Collateral Regional Counsel, Marie-Louise Samuels Parmer, Special Assistant Capital Collateral Regional Counsel, and Brittney Nicole Lacy, Staff Attorney, Southern Region, Fort Lauderdale, Florida, for Appellant
Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Melissa Roca Shaw, Assistant Attorney General, Miami, Florida, for Appellee
We have for review William Lee Thompson's appeal of the postconviction court's order denying Thompson's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Thompson'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). Thompson responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , ––– U.S. ––––, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), should not be dispositive in this case.
After reviewing Thompson's response to the order to show cause, as well as the State's arguments in reply, we conclude that Thompson is not entitled to relief. Thompson was convicted of first-degree murder and sentenced to death following a jury's recommendation for death by a vote of seven to five. Thompson v. State , 619 So.2d 261, 264 (Fla. 1993). Thompson's sentence of death became final in 1993. Thompson v. Florida , 510 U.S. 966, 114 S.Ct. 445, 126 L.Ed.2d 378 (1993). Thus, Hurst does not apply retroactively to Thompson's sentence of death. See Hitchcock , 226 So.3d at 217 ; see also Foster v. State , No. SC18-860, 258 So.3d 1248, 1250–53, 2018 WL 6379348, at *2-4 (Fla. Dec. 6, 2018) ( ). Accordingly, we affirm the postconviction court's order denying relief.
It is so ordered.
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