State v. Lopez

The State petitions for a writ of prohibition from the trial court’s order granting the defendant’s Motion to Prohibit Death as a Penalty in a pending first-degree murder prosecution. We have jurisdiction. State v. Jones, 209 So.3d 6, 9 (Fla. 2d DCA 2016). We grant the petition and quash the trial court’s order.

- The trial court precluded the State from death-qualifying a jury and from seeking the death penalty for two reasons: (1) the death penalty statute then in effect was found partially unconstitutional in Perry v. State, 210 So.3d 630 (Fla. 2016), so there was no constitutional…