Dessaure v. State

Supreme Court of Florida

Dessaure v. State

230 So. 3d 411

CourtSupreme Court of Florida

DecidedNovember 16, 2017

DocketNo. SC17-1075

StatusPublished

Cited by2 cases

This text of 230 So. 3d 411 (Dessaure v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dessaure v. State, 230 So. 3d 411 (Fla. 2017).

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Opinion

PER CURIAM.

We hereby affirm the trial court’s denial of Kenneth Louis Dessaure’s successive motion for postconviction relief. See Mullens v. State, 197 So.3d 16, 40 (Fla. 2016) (determining that defendant who validly waived penalty phase jury was not entitled to relief under Hurst because a defendant “cannot subvert the right to jury factfind-ing by waiving that right and then suggesting that a subsequent development in the law has fundamentally undermined his sentence”), cert. denied, - U.S. -, 137 S.Ct. 672, 196 L.Ed.2d 557 (2017); see also Brant v. State, 197 So.3d 1051, 1079 (Fla. 2016) (relying on Mullens to conclude that a claim for Hurst relief after defendant waived penalty phase jury was equally precluded in the postconviction context).

It is so ordered."

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

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PER CURIAM.

We hereby affirm the trial court’s denial of Kenneth Louis Dessaure’s successive motion for postconviction relief. See Mullens v. State, 197 So.3d 16, 40 (Fla. 2016) (determining that defendant who validly waived penalty phase jury was not entitled to relief under Hurst because a defendant “cannot subvert the right to jury factfind-ing by waiving that right and then suggesting that a subsequent development in the law has fundamentally undermined his sentence”), cert. denied, - U.S. -, 137 S.Ct. 672, 196 L.Ed.2d 557 (2017); see also Brant v. State, 197 So.3d 1051, 1079 (Fla. 2016) (relying on Mullens to conclude that a claim for Hurst relief after defendant waived penalty phase jury was equally precluded in the postconviction context).

It is so ordered."

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

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Bluebook (online)

230 So. 3d 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dessaure-v-state-fla-2017.

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