CHADWICK WILLACY v. JULIE JONES ETC

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Supreme Court of Florida.

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

CASE NO.: SC16-497

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.

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

PARIENTE, J., concurring in result.

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:

LINDA MCDERMOTT

STACEY E. KIRCHER

HON. SCOTT ELLIS, CLERK

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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