Robert J. Trease v. State of Florida , 242 So. 3d 302 ( 2018 )

Supreme Court of Florida
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No. SC17-686
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ROBERT J. TREASE,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
[April 26, 2018]
PER CURIAM.
We have for review Robert J. Trease’s appeal of the circuit court’s order
denying Trease’s motion filed pursuant to Florida Rule of Criminal Procedure
3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const. We withdraw
the opinion issued on January 24, 2018, and substitute this opinion in its place.
Trease’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, 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017).
This Court stayed Trease’s appeal pending the disposition of Hitchcock v. State,
226 So. 3d 216 (Fla.), cert. denied, 138 S. Ct. 513 (2017). After this Court decided
Hitchcock, Trease responded to this Court’s order to show cause arguing why
Hitchcock should not be dispositive in this case. Then, after this Court decided
State v. Silvia, 235 So. 3d 349 (Fla. 2018), Trease responded to this Court’s order
to show cause why Silvia should not be dispositive in this case.
After reviewing Trease’s responses to the orders to show cause, as well as
the State’s arguments in reply, we conclude that Trease’s valid waiver of
postconviction proceedings and counsel in 2008 precludes him from claiming a
right to relief under Hurst. See Silvia, 235 So. 3d at 351; Trease v. State, 41 So. 3d
119 (Fla. 2010). Moreover, Trease’s sentence of death became final in 2001.
Trease v. State, 768 So. 2d 1050, 1053 (Fla. 2000). Thus, even if Trease’s
postconviction waiver did not preclude him from raising a Hurst claim, Hurst
would not apply retroactively to Trease’s sentence of death. See Hitchcock, 226
So. 3d at 217. Accordingly, we affirm the denial of relief.
It is so ordered.
LABARGA, C.J., and PARIENTE, QUINCE, POLSTON, and LAWSON, JJ.,
concur.
LEWIS, J., dissents.
CANADY, J., recused.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,
IF FILED, DETERMINED.
An Appeal from the Circuit Court in and for Sarasota County,
Rochelle Curley, Judge - Case No. 581995CF002207XXXANC
Mark E. Olive, Tallahassee, Florida,
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for Appellant
Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Stephen D. Ake,
Senior Assistant Attorney General, Tampa, Florida,
for Appellee
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