concurring in part and dissenting in part.
I concur with the decision to affirm the denial of relief regarding Durousseau’s conviction. But I dissent from the decision to require a new penalty phase. As I have previously explained, Hurst v. Florida, — U.S. -, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), should not be given retroactive effect. See Mosley v. State, 209 So.3d 1248, 2016 WL 7406506 (Fla. Dec. 22, 2016) (Canady, J., concurring in part and dissenting in part).
POLSTON, J., concurs.