HARRY JONES v. JULIE JONES ETC

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Supreme Court of Florida.

HARRY JONES Petitioner(s) v. JULIE L. JONES, ETC. Respondent(s)

CASE NO.: SC16-607

Decided: March 17, 2017

The petition for writ of habeas corpus is hereby denied. See Asay v. State, 41 Fla. L. Weekly S646 (Fla. Dec. 22, 2016).

It is so ordered.

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

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Served:

CHARMAINE MILLSAPS

LINDA MCDERMOTT

HON. GWEN MARSHALL, CLERK

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.

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