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246 So. 3d 204
Fla.
2018
PER CURIAM.
FACTUAL AND PROCEDURAL BACKGROUND
ANALYSIS
CONCLUSION

WILLIAM KENNETH TAYLOR, Appellant, vs. STATE OF FLORIDA, Appellee.

No. SC17-1458

Supreme Court of Florida

[April 5, 2018]

PER CURIAM.

This case is before the Court on appеal by William Taylor from an order denying a motion to vacate a sentence of death under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction over the appeal under article V, section 3(b)(1) of the Florida Constitution. For the reasons explained below, we affirm the postconviction court‘s denial of relief.

FACTUAL AND PROCEDURAL BACKGROUND

Taylor was found guilty of first-degree murder of Sаndra Kushmer, attempted first-degree murder of William Maddox, robbery with a deadly weаpon, robbery with a firearm, and armed burglary of a dwelling. See Taylor v. State (Taylor I), 937 So. 2d 590, 596 (Fla. 2006). After the penalty phase, the jury returned a recommendation ‍​‌​​​​‌‌​​​​​​‌​‌‌​​​​‌‌‌​‌‌‌‌​​‌​‌​​‌​‌​‌​​​​‌​‍of death by a vote of twelve to zero. Id. at 597. The trial court found the following aggravating circumstances: “(1) the murder was committed while Taylor was on felony probation; (2) Taylor had previously been convicted of a felony involving a threat of violence to the person; and (3) the murder was committed for pecuniary gain.” Id. (citations omitted). Each aggravating circumstance was afforded great weight. Id. The trial court did not find that any statutory mitigators existed, but found thirteen nonstatutory mitigating circumstancеs. Id. The trial court concluded that the aggravating circumstances outweighed the mitigating circumstances and Taylor was sentenced to death. Id.

On direct аppeal, Taylor raised one guilt phase claim and three penаlty phase claims. Id. at 597-601. We denied Taylor‘s claims and upheld his convictions and sentence of death. Id. at 604. Taylor did not seek certiorari review, and his sentence became final upon ‍​‌​​​​‌‌​​​​​​‌​‌‌​​​​‌‌‌​‌‌‌‌​​‌​‌​​‌​‌​‌​​​​‌​‍expiration of the time to file a petition for writ of certiorari. See Fla. R. Crim. P. 3.851(d)(1)(A).

On October 9, 2006, Taylor filed a postconviction motion under Florida Rule of Criminal Procedure 3.851. Taylor v. State (Taylor II), 87 So. 3d 749, 756-57 (Fla. 2012). The postconviction court denied all of Taylor‘s postсonviction claims. Id. at 757. Taylor also filed a petition for writ of habeas corpus. Id. at 753. We affirmed the postconviction court‘s denial of Tаylor‘s rule 3.851 motion and denied Taylor‘s petition for a writ of habeas corрus. Id. at 765.

On January 9, 2017, Taylor filed a successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. The postconviction court denied Taylor‘s motion.

This appeal follows.

ANALYSIS

In this successive postconviction motion, Taylor raises two claims: (1) his dеath sentence violates the Sixth Amendment in light of Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017), and Hurst v. Florida, 136 S. Ct. 616 (2016); and (2) his death sentence violаtes ‍​‌​​​​‌‌​​​​​​‌​‌‌​​​​‌‌‌​‌‌‌‌​​‌​‌​​‌​‌​‌​​​​‌​‍the Eighth Amendment under Caldwell v. Mississippi, 472 U.S. 320 (1985). These issues present purely legal questions, which we reviеw de novo. E.g., Mosley v. State, 209 So. 3d 1248, 1262 (Fla. 2016).

In Davis v. State, 207 So. 3d 142 (Fla. 2016), cert. denied, 137 S. Ct. 2218 (2017), we held that a jury‘s unanimous recommendation of death is “precisely what wе determined in Hurst to be constitutionally necessary to impose a sentence of death” because a “jury unanimously f[inds] all of the necessary facts for the imposition of [a] death sentence[] by virtue of its unanimous recommendаtion[].” 207 So. 3d at 175. This Court has consistently relied on Davis to deny Hurst relief to defendants who have received unanimous jury recommendations of death. See, e.g., Smithers v. State, No. SC17-1283 (Fla. Mar. 29, 2018); Grim v. State, No. SC17-1071 (Fla. Mar. 29, 2018); Bevel v. State, 221 So. 3d 1168, 1178 (Fla. 2017); Guardado v. Jones, 226 So. 3d 213, 215 (Fla. 2017), cert. denied, No. 17-7171 (U.S. Apr. 2, 2018); Cozzie v. State, 225 So. 3d 717, 733 (Fla. 2017), cert. denied, No. 17-7545 (U.S. Apr. 2, 2018); Morris v. State, 219 So. 3d 33, 46 (Fla.), cert. denied, 138 S. Ct. 452 (2017); Tundidor v. State, 221 So. 3d 587, 607-08 (Fla. 2017), cert. denied, 138 S. Ct. 829 (2018); Oliver v. State, 214 So. 3d 606, 617 (Fla.), cert. denied, 138 S. Ct. 3 (2017); Truehill v. State, 211 So. 3d 930, 956-57 (Fla.), cert. denied, 138 S. Ct. 3 (2017). Taylor is among those defendants who receivеd a unanimous jury recommendation of death, and his arguments do not compel departing from our precedent.

Accordingly, because we find that any Hurst error in this case was harmless beyond a reasonable doubt, we affirm the circuit court‘s ‍​‌​​​​‌‌​​​​​​‌​‌‌​​​​‌‌‌​‌‌‌‌​​‌​‌​​‌​‌​‌​​​​‌​‍order summarily denying Taylor‘s sucсessive motion for postconviction relief.

Taylor also contends that a unanimous jury recommendation violates the Eighth Amendment pursuant to Caldwell, when a jury is rеpeatedly told that its role is advisory. Taylor‘s Caldwell claim is procedurally barred because it was raised and rejected on direct appeal. Taylor I, 937 So. 2d at 599; e.g., Dennis v. State, 109 So. 3d 680, 692 (Fla. 2012) (“Dеnnis’ claim . . . is procedurally barred because it was raised and rejected on direct appeal.“).

CONCLUSION

Accordingly, we affirm the postconviction court‘s denial of Taylor‘s motion for postconviction relief.

It is so ordered.

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

CANADY, J., concurs in result.

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

An Appeal from the Circuit Court in and for Hillsborough County, Michelle Sisco, Judge - Case No. 292001CF008692000AHC

Kevin T. Beck of Law Office of Kevin T. Beck, P.A., St. Petersburg, Florida, for Appеllant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Christina Z. Pacheco, Assistant Attorney General, Tampa, Florida, for Appellee

Case Details

Case Name: William Kenneth Taylor v. State of Florida
Court Name: Supreme Court of Florida
Date Published: Apr 5, 2018
Citations: 246 So. 3d 204; SC17-1458
Docket Number: SC17-1458
Court Abbreviation: Fla.
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