Ray Lamar Johnston v. State of Florida
Ray Lamar Johnston v. State of Florida
Opinion of the Court
Ray Lamar Johnston appeals an order summarily denying his first successive postconviction motion filed under Florida Rule of Criminal Procedure 3.851.
The underlying facts of this case were described in this Court's opinion on direct appeal. Johnston v. State ,
In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----,
Accordingly, we affirm the denial of postconviction relief.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, and LAWSON, JJ., concur.
CANADY and POLSTON, JJ., concur in result.
QUINCE, J., dissents with an opinion.
We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Caldwell v. Mississippi ,
Dissenting Opinion
*267I cannot agree with the majority's finding that the Hurst error was harmless beyond a reasonable doubt. As I have stated previously, "[b]ecause Hurst requires 'a jury, not a judge, to find each fact necessary to impose a sentence of death,' the error cannot be harmless where such a factual determination was not made." Hall v. State ,
Reference
- Full Case Name
- Ray Lamar JOHNSTON, Appellant, v. STATE of Florida, Appellee.
- Cited By
- 1 case
- Status
- Published