& SC16-341 Renaldo Devon McGirth v. State of Florida & Renaldo & Devon McGirth v. Julie L. Jones, etc.

POLSTON, J.,

concurring in part and dissenting in part.

I concur with the majority’s decision to affirm the denial of postconviction relief. However, I dissent to the majority’s decision to grant the habeas petition and order a new penalty phase proceeding based on Hurst v. State, 202 So.3d 40 (Fla. 2016).

CANADY, J., concurs.