Eriese Alphonso Tisdale v. State of Florida, 257 So. 3d 357

On Feb. 28, 2013, Eriese Tisdale (a convicted felon) shot and killed Sgt. Gary Morales after a traffic stop, fled in his vehicle, was pursued, and was arrested after his car was rammed; physical and DNA evidence linked Tisdale to the shooting.
A jury convicted Tisdale of first‑degree murder of a law‑enforcement officer, aggravated assault on an officer with a firearm, possession of a firearm by a convicted felon, and eluding a police officer.
At the penalty phase (Oct. 9, 2015) the jury recommended death by a 9–3 vote; under then‑law the judge could impose death on a recommendation by at least 7 jurors, and the judge later sentenced Tisdale to death.
After Hurst developments (U.S. Supreme Court and Florida cases), the Legislature enacted chapter 2016‑13 requiring a 10‑juror recommendation for death; the trial court nonetheless imposed death under the earlier statute, finding two aggravators (victim was a law‑enforcement officer; prior violent felony) and treating the nonunanimous jury recommendation as harmless.
On direct appeal the Florida Supreme Court affirmed convictions and noncapital sentences but vacated the death sentence and remanded for a new penalty phase under Hurst because the jury’s death recommendation was not unanimous and the Hurst error was not harmless.

Issue	Tisdale's Argument	State's Argument	Held
Whether chapter 2016‑13 (10‑juror rule) entitles Tisdale to life	Chapter 2016‑13 should apply; double jeopardy bars death now	Jury was sworn and recommended death before the statute; retrial not barred	Rejected; chapter 2016‑13 does not entitle him to life; retrial allowed
Whether §775.082(2) mandates automatic commutation to life	Death must be commuted to life under §775.082(2)	Statute does not require commutation; Hurst remand appropriate	Rejected; no automatic commutation; remand for new penalty phase
Whether Hurst requires vacatur and resentencing	Hurst invalidates nonunanimous jury recommendations; requires new penalty phase	State argued harmlessness based on jury verdict/aggravators	Granted: death vacated; new penalty phase ordered because recommendation was nonunanimous and error not harmless

Hurst v. State, 202 So. 3d 40 (Fla. 2016) (establishes Florida Hurst holdings: jury must unanimously find aggravators/eligibility for death)
Hurst v. Florida, 136 S. Ct. 616 (2016) (U.S. Supreme Court: Sixth Amendment requires jury, not judge, to find facts necessary for death)
Perry v. State, 210 So. 3d 630 (Fla. 2016) (invalidated portion of chapter 2016‑13 increasing nonunanimous threshold)
Victorino v. State, 241 So. 3d 48 (Fla. 2018) (double jeopardy does not bar retrial/resentencing when death was a valid potential sentence at trial)
Caylor v. State, 218 So. 3d 416 (Fla. 2017) (rejects automatic commutation argument under §775.082(2); remand for Hurst resentencing)