Bejarano v. State

OPINION

By the Court,

Rose, C. J.:

In this appeal, we decide whether this court’s 2004 decision in McConnell v. State1 retroactively applies to appellant John *1070Bejarano’s final conviction and sentence of death. We hold that McConnell set forth a new rale of substantive law that must be given retroactive application.

Applying our holding to Bejarano’s case, we conclude that the robbery felony aggravator found by the jury is invalid pursuant to McConnell. Because the receiving-money aggravator also found by the jury was based on the robbery, it too is invalid. We strike them both and reweigh. After…