State v. Gonzalez

The State has petitioned for a writ of certiorari to quash a trial court order declaring that section 921.141, Florida Statutes (2016)—governing the procedures for determining whether to apply the death penalty—is unconstitutional. While the petition was pending, the supreme court decided Hurst, 202 So.3d 40, and Perry, — So.3d —, 41 Fla. L. Weekly S449. Those cases establish that section 921.141 is unconstitutional insofar as it permits imposition of a death sentence where “ten jurors recommend death as opposed to the constitutionally required unanimous, twelve-member jury.” See Perry, —…