Supreme Court of Florida
____________
No. SC17-1259
____________
MARK ALLEN DAVIS,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
[January 29, 2018]
PER CURIAM.
We have for review Mark Allen Davis’s appeal of the circuit court’s order
denying Davis’s motion filed pursuant to Florida Rule of Criminal Procedure
3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Davis’s motion sought relief pursuant to the United States Supreme Court’s
decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in
Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161
(2017). This Court stayed Davis’s appeal pending the disposition of Hitchcock v.
State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). After this
Court decided Hitchcock, Davis responded to this Court’s order to show cause
arguing why Hitchcock should not be dispositive in this case.
After reviewing Davis’s response to the order to show cause, as well as the
State’s arguments in reply, we conclude that Davis is not entitled to relief. Davis
was sentenced to death following a jury’s recommendation for death by a vote of
eight to four. Davis v. State, 620 So. 2d 152, 153 n.3 (Fla. 1993). Davis’s
sentence of death became final in 1994. Davis v. Florida, 510 U.S. 1170 (1994).
Thus, Hurst does not apply retroactively to Davis’s sentence of death. See
Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Davis’s
motion.
The Court having carefully considered all arguments raised by Davis, we
caution that any rehearing motion containing reargument will be stricken. It is so
ordered.
LABARGA, C.J., and POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., concurs in result with an opinion.
LEWIS and CANADY, JJ., concur in result.
QUINCE, J., recused.
PARIENTE, J., concurring in result.
I concur in result because I recognize that this Court’s opinion in Hitchcock
v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017), is now
final. However, I continue to adhere to the views expressed in my dissenting
opinion in Hitchcock.
-2-
An Appeal from the Circuit Court in and for Pinellas County,
Chris Thom Helinger, Judge - Case No. 521985CF008933XXXXNO
Linda McDermott of McClain & McDermott, P.A., Estero, Florida,
for Appellant
Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Candance M.
Sabella, Chief Assistant Attorney General, Tampa, Florida,
for Appellee
-3-