Samuel Jason Derrick v. State of Florida , 236 So. 3d 231 ( 2018 )

Supreme Court of Florida
____________
No. SC17-1242
____________
SAMUEL JASON DERRICK,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
[February 2, 2018]
PER CURIAM.
We have for review Samuel Jason Derrick’s appeal of the circuit court’s
order denying Derrick’s motion filed pursuant to Florida Rule of Criminal
Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Derrick’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 Derrick’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, Derrick responded to this Court’s order to
show cause arguing why Hitchcock should not be dispositive in this case.
After reviewing Derrick’s response to the order to show cause, as well as the
State’s arguments in reply, we conclude that Derrick is not entitled to relief.
Derrick was sentenced to death following a jury’s recommendation for death by a
vote of seven to five. Derrick v. State, 641 So. 2d 378, 379 (Fla. 1994). Derrick’s
sentence of death became final in 1995. Derrick v. Florida, 513 U.S. 1130 (1995).
Thus, Hurst does not apply retroactively to Derrick’s sentence of death. See
Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Derrick’s
motion.
The Court having carefully considered all arguments raised by Derrick, 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 Pasco County,
Stanley Richard Mills, Judge - Case No. 511987CF001775CFAXWS
Linda McDermott of McClain & McDermott, P.A., Estero, Florida; and Harry P.
Brody, Sarasota, Florida,
for Appellant
Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and C. Suzanne Bechard,
Assistant Attorney General, Tampa, Florida,
for Appellee
-3-