State of Florida v. Mark Anthony Poole

Opinion

Supreme Court of Florida THURSDAY, APRIL 2, 2020

CASE NO.: SC18-245 Lower Tribunal No(s).: 532001CF007078A0XXXX

STATE OF FLORIDA vs. MARK ANTHONY POOLE

Appellant/Cross-Appellee Appellee/Cross-Appellant

On February 7, 2020, Poole filed a Motion for Rehearing and Clarification.

We deny rehearing but grant clarification of this Court’s instructions on remand.

Remand for “proceedings consistent with this opinion” may include resolution of

Poole’s remaining penalty-phase claims that were raised in his postconviction

motion but not addressed on the merits by the trial court in its order.

CANADY, C.J., and POLSTON, LAWSON, and MUÑIZ, JJ., concur. LABARGA, J., concurs in part and dissents in part with an opinion.

LABARGA, J., concurring in part and dissenting in part.

I concur in the majority’s decision to clarify that on remand, Poole is entitled

to the resolution of penalty phase claims raised in his postconviction motion that

were not decided given this Court’s decision in Hurst v. State, 202 So. 3d 40 (Fla.

2016), receded from in part by State v. Poole, 45 Fla. L. Weekly S41 (Fla. Jan. 23,

2020). CASE NO.: SC18-245 Page Two

However, I remain firmly committed to my dissent in Poole, and to my

position that the opinion was wrongly decided. I would grant rehearing, and I

dissent to the majority’s decision to deny rehearing in this case.

so Served:

JAMES L. DRISCOLL JR. PARVIN D. MOYNE Z.W. JULIUS CHEN MARK J. MACDOUGALL RACHEL P. ROEBUCK SCOTT A. BROWNE DAVID DIXON HENDRY HON. STACY M. BUTTERFIELD, CLERK HON. JALAL A. HARB, JUDGE VICTORIA AVALON