Larry Darnell Perry v. State of Florida ( 2017 )

Supreme Court of Florida
MONDAY, FEBRUARY 20, 2017
CASE NO.: SC16-547
Lower Tribunal No(s).:
5D16-516; 492013CF000612XXXAXX
LARRY DARNELL PERRY vs. STATE OF FLORIDA
Petitioner(s) Respondent(s)
Respondent’s Motion for Clarification is hereby denied as moot. See Evans
v. State, No. SC16-1946, Rosario v. State, No. SC16-2133.
LABARGA, C.J., and LEWIS, CANADY, and POLSTON, JJ., concur.
PARIENTE, J., dissents with an opinion, in which QUINCE, J., concurs.
LAWSON, J., did not participate.
PARIENTE, J., dissenting.
I would deny Respondent’s Motion for Clarification based on the Court’s
explicit ruling in our original opinion in Perry v. State, 41 Fla. L. Weekly S449
(Fla. Oct. 14, 2016), which concluded:
Based on the reasoning of our opinion in Hurst[ v. State, 202
So. 3d 40 (Fla. 2016)], we answer both certified questions in the
negative. As to the second question, we construe the fact-finding
provisions of the revised section 921.141, Florida Statutes,
constitutionally in conformance with Hurst to require unanimous
findings on all statutory elements required to impose death. The Act,
however, is unconstitutional because it requires that only ten jurors
recommend death as opposed to the constitutionally required
unanimous, twelve-member jury. Accordingly, it cannot be applied to
pending prosecutions.
Perry, 41 Fla. L. Weekly at S453 (emphasis added).
CASE NO.: SC16-547
Page Two
However, in light of the Court’s opinion today in Evans and Rosario,
determining that “the revised statutory scheme in chapter 2016-13, Laws of
Florida, can be applied to pending prosecutions,” which explicitly contradicts our
holding in Perry, I would grant Respondent’s Motion for Clarification in this case.
Evans v. State, No. SC16-1946, and Rosario v. State, No. SC16-2133
(consolidated) (slip op. issued Fla. Feb. 20, 2017), at 6 (emphasis added).
Respondent’s Motion for Clarification cannot now be “moot” following the
majority’s opinion in Evans and Rosario, which is in direct conflict with our
holding in Perry; therefore, issuing a revised opinion would be the appropriate
procedure.
QUINCE, J., concurs.
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PETER MILLS
NANCY GBANA ABUDU
CASE NO.: SC16-547
Page Three
FRANK J. BANKOWITZ
MARTIN J. MCCLAIN
MARK ANTHONY INTERLICCHIO, JR.
STEVEN L. BOLOTIN
MICHAEL CHANCE MEYER
JOHN PAUL ABATECOLA
KAREN MARCIA GOTTLIEB
LINDA MCDERMOTT
HON. JULIANNE M. HOLT
SONYA RUDENSTINE
J. EDWIN MILLS
ELLIOT H. SCHERKER
NORMAN ADAM TEBRUGGE
ROBERT ARTHUR YOUNG
ROBERT R. BERRY
NEAL ANDRE DUPREE
VIVIAN ANN SINGLETON
TODD GERALD SCHER
KENNETH SLOAN NUNNELLEY
CAROL MARIE DITTMAR
SUZANNE MYERS KEFFER
HON. JON BERKLEY MORGAN, JUDGE
HON. JOANNE P. SIMMONS, CLERK
HON. ARMANDO R. RAMIREZ, CLERK