TIMOTHY LEE HURST v. STATE OF FLORIDA (2017)

Petitioner Timothy Lee Hurst has filed an amended petition for writ of prohibition contending that Respondent, the State of Florida, is precluded from seeking the death penalty during the current resentencing proceedings on double jeopardy and due process grounds. Having determined that the arguments presented are without merit, the petition is hereby denied.

It is so ordered.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

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Served:

SPIRO THEODORE KYPREOS

JOHN A. MOLCHAN

CHARMAINE MILLSAPS

HON. LINDA LEE NOBLES, CHIEF JUDGE

HON. PAM CHILDERS, CLERK

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.