MARK ALLEN GERALDS v. JULIE JONES ETC (2017)

Mark Allen Geralds petitions this Court for a writ of habeas corpus seeking relief under the United States Supreme Court's decision in Hurst v. Florida, 136 S. Ct. 616 (2016). However, as this Court has decided in Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016), Hurst is not retroactive to cases decided before Ring v. Arizona, 536 U.S. 584 (2002). Although Geralds was resentenced in 1993, the death sentence he received on resentencing was final in 1996 upon the Supreme Court's denial of certiorari. See Geralds v. Florida, 519 U.S. 891 (1996). Accordingly, Geralds is not entitled to relief under Hurst. The petition for writ of habeas corpus is hereby denied.

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

I concur in result because I am bound by this Court's precedent from Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016), which is now final. However, as I explained in my concurring in part and dissenting in part opinion in Asay, I would not deny retroactive application of Hurst to the defendant.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

cd

Served:

ROBERT J. MORRIS, III

LINDA MCDERMOTT

PARIENTE, J., concurring in result.

LABARGA, C.J., and LEWIS, QUINCE, POLSTON, and LAWSON, JJ., concur. PARIENTE, J., concurs in result with an opinion. CANADY, J., concurs in result.