TIMOTHY LEE HURST Petitioner(s) v. STATE OF FLORIDA Respondent(s)
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
John A. Tomasino Clerk, Supreme Court
SPIRO THEODORE KYPREOS
JOHN A. MOLCHAN
HON. LINDA LEE NOBLES, CHIEF JUDGE
HON. PAM CHILDERS, CLERK
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.