Randall T. Deviney v. State of Florida

This case is before the Court on appeal from the conviction and sentence of death of Randall Deviney for the first-degree murder of Delores Futrell. 1 A jury recom mended death by an eight-to-four vote. The trial court accepted that recommendation and sentenced Deviney to death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons discussed below, we affirm the conviction, vacate the sentence of death, and remand for a new penalty phase proceeding consistent with this Court’s opinion in Hurst v. State, 202 So.3d 40 (Fla. 2016) (Hurst v. State), petition for cert. filed,…