Paul Durousseau v. State of Florida

Paul Durousseau appeals an order of the Fourth Judicial Circuit Court denying his motion to vacate his conviction of first-degree murder and sentence of death, filed pursuant to Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons discussed below, we affirm the circuit court’s denial of postconviction relief but vacate Durousseau’s sentences and remand for resentencing in light of Hurst v. Florida, — U.S. -, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), as interpreted by Hurst v. State (Hurst), 202 So.3d 40 (Fla. 2016).

STATEMENT OF FACTS

We…