Duane Eugene Owen v. State of Florida
Duane Eugene Owen v. State of Florida
Opinion
*395 We have for review Duane Eugene Owen's appeal of the circuit court's order denying Owen's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Owen's motion sought relief pursuant to the United States Supreme Court's decision in
Hurst v. Florida
, --- U.S. ----,
After reviewing Owen's response to the order to show cause, as well as the State's arguments in reply, we conclude that Owen is not entitled to relief. Owen was sentenced to death following a jury's recommendation for death by a vote of ten to two.
Owen v. State
,
The Court having carefully considered all arguments raised by Owen, 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
- Duane Eugene OWEN, Appellant, v. STATE of Florida, Appellee.
- Cited By
- 3 cases
- Status
- Published