Barry Trynell Davis, Jr. v. State of Florida

Barry Trynell Davis, Jr., appeals his convictions and sentences of death for the murders of John Gregory Hughes and Heidi Ann Rhodes. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm Davis’s convictions but vacate the sentences of death and remand for a new penalty phase pursuant to Hurst v. State (Hurst), 202 So.3d 40 (Fla. 2016), petition for cert. filed, No.16-998 (U.S. Feb. 13, 2017), due to the jury’s nonunanimous recommendations of death for both victims, which are not harmless beyond a reasonable doubt.

FACTS AND BACKGROUND

The murders…