Kenneth R. Jackson v. State of Florida

I concur because we cannot conclude that the Hurst12 error was harmless beyond a reasonable doubt. However, I would reach this conclusion under an analysis consistent with this Court’s opinions in Hurst and Simmons v. State, 207 So.3d 860 (Fla. 2016), as well as Deviney v. State, No. SC15-1903, 213 So.3d 794, 2017 WL 1090560 (slip op. issued Fla. March 23, 2017), which specifically explain the standard for determining whether a Hurst error is harmless beyond a reasonable doubt. The majority’s discussion of harmless error in this case (beginning on page 785), while not incorrect, may create…