MAISONET MALDONADO v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Jose MAISONET-MALDONADO, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-942

Decided: January 29, 2021

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Amit Agarwal, Solicitor General, and Jeffrey Paul DeSousa, Deputy Solicitor General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM FLORIDA SUPREME COURT

The Florida Supreme Court quashed our decision affirming in part and reversing in part the summary denial of Jose Maisonet-Maldonado's motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See State v. Maisonet-Maldonado, 308 So.3d 63, 65–66 (Fla. Dec. 10, 2020), quashing Maisonet-Maldonado v. State, 283 So. 3d 862 (Fla. 5th DCA 2019). Answering our certified question, the Florida Supreme Court held that section 775.021, Florida Statutes, supersedes the single homicide rule. See id. at 308 So.3d at 65–66, receding from State v. Chapman, 625 So. 2d 838 (Fla. 1993). Because the single homicide rule is inapplicable, we withdraw our decision reversing the postconviction court's summary denial of ground eight and affirm in full the summary denial of Maisonet-Maldonado's motion.

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM. FN1. Judge Traver has been substituted for Judge Jacobus, who was on the original panel.

ORFINGER, HARRIS and TRAVER,1 JJ., concur.

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