Konstantinos X. Fotopoulos v. State of Florida
Konstantinos X. Fotopoulos v. State of Florida
Opinion
We have for review Konstantinos X. Fotopoulos's appeal of the circuit court's order denying Fotopoulos's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Fotopoulos's motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
After reviewing Fotopoulos's response to the order to show cause, as well as the State's arguments in reply, we conclude that Fotopoulos is not entitled to relief. Fotopoulos's jury found him guilty of two counts of first-degree murder and recommended a sentence of death for both murders by a vote of eight to four.
1
Fotopoulos v. State
,
The Court having carefully considered all arguments raised by Fotopoulos, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.
LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
PARIENTE, J., concurring in result.
I concur in result because I recognize that this Court's opinion in
Hitchcock v. State
,
Although our decision affirming Fotopoulos's death sentences does not specify the number of Fotopoulos's jurors who voted to recommend death, he represents in his response to this Court's order to show cause that the jury recommended death for both murders by a vote of eight to four. Resp. to Order to Show Cause,
Fotopoulos v. State
, No. SC17-971,
Reference
- Full Case Name
- Konstantinos X. FOTOPOULOS, Appellant, v. STATE of Florida, Appellee.
- Status
- Published