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230 So. 3d 411

Dessaure v. State

Supreme Court of Florida

Decided November 16, 2017

Supreme Court of Florida · decided 2017-11-16

Cited by 2 later decisions — most recently September 2018

2 state decisions

Relies on 197 So. 3d 16 - Khadafy Kareem Mullens v. State of Florida · Aspelmeier v. Illinois · & SC14-2278 Charles Grover Brant v. State of Florida and Charles Grover Brant v. Julie L. Jones, etc.

Good law ✅— No negative treatment on recordhow we know

Decided 2017-11-16

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PER CURIAM.

¶1We hereby affirm the trial court’s denial of Kenneth Louis Dessaure’s successive motion for postconviction relief. See Mullens v. State, 197 So.3d 16, 40 (Fla. 2016) (determining that defendant who validly waived penalty phase jury was not entitled to relief under Hurst because a defendant “cannot subvert the right to jury factfind-ing by waiving that right and then suggesting that a subsequent development in the law has fundamentally undermined his sentence”), cert. denied, - U.S. -, 137 S.Ct. 672, 196 L.Ed.2d 557 (2017); see also Brant v. State, 197 So.3d 1051, 1079 (Fla. 2016) (relying on Mullens to conclude that a claim for Hurst relief after defendant waived penalty phase jury was equally precluded in the postconviction context).

¶2It is so ordered."

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