FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Brantley S. Clark, Jr., Judge - Case No. 032001CF002956XXAXMX
McDermott of McClain & McDermott, P.A., Estero, Florida;
and Charles E. Lykes, Jr., Clearwater, Florida, for Appellant
Jo Bondi, Attorney General, and Lisa A. Hopkins, Assistant
Attorney General, Tallahassee, Florida, for Appellee
Glen Everett, a prisoner under sentence of death, appeals the
circuit court's order summarily denying his successive
motion for postconviction relief, which was filed under
Florida Rule of Criminal Procedure 3.851. We have
jurisdiction. See art. V, § 3(b)(1), Fla.
2002, a jury convicted Everett of first-degree murder,
burglary of a dwelling with a battery, and sexual battery
involving serious physical force. After hearing evidence at
the penalty phase, the jury unanimously recommended a
sentence of death for the first-degree murder by a vote of
twelve to zero. We affirmed Everett's convictions and
sentence of death on direct appeal. Everett v.
State, 893 So.2d 1278 (Fla. 2004), cert.
denied, 544 U.S. 987 (2005). We also upheld the denial
of his initial motion for postconviction relief and denied
his petition for a writ of habeas corpus. Everett v.
State, 54 So.3d 464 (Fla. 2010).
January 2017, Everett filed a successive postconviction
motion to vacate his death sentence in light of Hurst v.
Florida, 136 S.Ct. 616 (2016), and Hurst v.
State (Hurst), 202 So.3d 40 (Fla. 2016),
cert. denied, 137 S.Ct. 2161 (2017). In September
2017, the circuit court summarily denied the motion. This
appeal follows. During the pendency of this case in this
Court, we directed the parties to file briefs addressing why
the circuit court's order should not be affirmed based on
our precedent in Hurst, Davis v. State, 207
So.3d 142 (Fla. 2016), cert. denied, 137 S.Ct. 2218
(2017), and Mosley v. State, 209 So.3d 1248 (Fla.
Davis, we held that a jury's unanimous
recommendation of death is "precisely what we determined
in Hurst to be constitutionally necessary to impose
a sentence of death" because a "jury unanimously
f[inds] all of the necessary facts for the imposition of [a]
death sentence by virtue of its unanimous
recommendation." 207 So.3d at 175. We have
consistently relied on Davis to deny Hurst
relief to defendants who have received a unanimous jury
recommendation of death. See, e.g., Guardado v.
Jones, 226 So.3d 213, 215 (Fla. 2017), cert.
denied, 138 S.Ct. 1131 (2018); Bevel v. State,
221 So.3d 1168, 1178 (Fla. 2017); Cozzie v. State,
225 So.3d 717, 733 (Fla. 2017), cert. denied, 138
S.Ct. 1131 (2018); Morris v. State, 219 So.3d 33, 46
(Fla.), cert. denied, 138 S.Ct 452 (2017);
Oliver v. State, 214 So.3d 606, 617-18 (Fla.),
cert. denied, 138 S.Ct. 3 (2017); Truehill v.
State, 211 So.3d 930, 956-57 (Fla.), cert.
denied, 138 S.Ct. 3 (2017); Tundidor v. State,
221 So.3d 587, 607-08 (Fla. 2017), cert. denied, 138
S.Ct. 829 (2018). Everett is among those defendants who
received a unanimous jury recommendation of death, and his
arguments do not compel departing from our precedent.
because we conclude that any Hurst error in this
case was harmless beyond a reasonable doubt, we affirm the
circuit court's order summarily denying Everett's
successive motion for postconviction relief.
LABARGA, C. J, and LEWIS and LAWSON, JJ, concur
and POLSTON, ...