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Peede v. State

Supreme Court of Florida

July 19, 2018

ROBERT IRA PEEDE, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

          An Appeal from the Circuit Court in and for Orange County, Marc L. Lubet, Judge - Case No. 481983CF001682000AOX

          Linda McDermott of McClain & McDermott, P.A., Estero, Florida, for Appellant

          Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Scott A. Browne, Senior Assistant Attorney General, Tampa, Florida, for Appellee

          PER CURIAM.

         We have for review Robert Ira Peede's appeal of the postconviction court's order denying Peede's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.

         Peede's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida, 136 S.Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So.3d 40 (Fla. 2016), cert. denied, 137 S.Ct. 2161 (2017). Peede responded to this Court's order to show cause arguing why Hitchcock v. State, 226 So.3d 216 (Fla.), cert. denied, 138 S.Ct. 513 (2017), should not be dispositive in this case. After reviewing Peede's response to the order to show cause, as well as the State's arguments in reply, we ordered full briefing on Peede's non-Hurst related claim.[1]

         Having reviewed the arguments presented, we conclude that the postconviction court properly denied Peede's claims. Peede was sentenced to death following a jury's recommendation for death by a vote of eleven to one. See Peede v. State, 474 So.2d 808, 810 (Fla. 1985).[2] His sentence of death became final in 1986. Peede v. Florida, 477 U.S. 909 (1986). Thus, Hurst does not apply retroactively to Peede's sentence of death. See Hitchcock, 226 So.3d at 217. Accordingly, we affirm the postconviction court's denial of Peede's motion.

         After carefully considering all arguments raised by Peede, we caution that any rehearing motion containing reargument will be stricken.

          It is so ordered.

          LEWIS, QUINCE, POLSTON, and LABARGA, JJ, concur

          CANADY, CJ, concurs in result

          LAWSON, J, recused

          PARIENTE, J, ...


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