Dusty Ray Spencer v. State of Florida

I dissent. While I realize that this Court's precedent directs us to affirm Spencer's death sentence,1 in my view, the combination of several critical and unique factors in this case mandate a new penalty phase under Hurst .2 The most critical error was the complete absence of a jury in *715the last determination that Spencer should be sentenced to death after this Court struck the aggravating factor that the murder was committed in a cold, calculated, and premeditated manner (CCP) and remanded for reconsideration by the trial judge.

After the jury nonunanimously recommended a sentence of death by…