Thomas M. Overton v. State of Florida
Thomas M. Overton v. State of Florida
Opinion
*239 We have for review Thomas M. Overton's appeal of the circuit court's order denying Overton's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Overton's motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
After reviewing Overton's response to the order to show cause, as well as the State's arguments in reply, we conclude that Overton is not entitled to relief. After a jury convicted Overton of two counts of first degree murder, he was sentenced to death on both counts following a jury's recommendation for death by a vote of nine to three on one count and a vote of eight to four on another count.
Overton v. State
,
The Court having carefully considered all arguments raised by Overton, 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
,
Reference
- Full Case Name
- Thomas M. OVERTON, Appellant, v. STATE of Florida, Appellee.
- Status
- Published