& SC13-2422 Gerhard Hojan v. State of Florida & Gerhard Hojan v. Julie L. Jones, etc.

CANADY, J.,

concurring in part and dissenting in part.

I agree that the circuit court’s denial of Hojan’s postconviction motion should be affirmed and that Hojan’s habeas petition should be denied. But I dissent from the decision to vacate the sentence of death. See Mosley v. State, 41 Fla. L. Weekly S629, 209 So.3d 1248, 2016 WL 7406506 (Fla. Dec. 22, 2016) (Canady, J., concurring in part and dissenting in part).

POLSTON, J., concurs.