Jeremiah M. Rodgers v. State of Florida

Jeremiah M. Rodgers, a prisoner under sentence of death who waived a penalty phase jury, appeals the circuit court's summary denial of a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.851 seeking sentencing relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. 1

We have consistently held that the Hurst decisions do not apply to defendants, like Rodgers,…