Opinion
Case No. SC03-37.
May 2, 2007.
Lower Tribunal No. 88-3111.
Clarence James Jones appeals an order of the circuit court denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and a supplemental order of the circuit court denying his motion to bar execution due to mental retardation. We have jurisdiction. See art. V, § 3(b)( 1), Fla. Const.
On appeal to this Court, Jones contends that his death sentence and Florida's capital sentencing statute violate the Sixth and Fourteenth Amendments and are contrary to Ring v. Arizona, 536 U.S. 584 (2002). Jones is not entitled to relief on this claim. See Johnson v. State, 904 So. 2d 400, 412 (Fla. 2005) (holding that Ring does not apply retroactively); Zakrzewski v. State, 866 So. 2d 688, 697 (Fla. 2003) (rejecting Ring claim where defendant has been convicted of prior violent felony). Accordingly, we affirm the circuit court's order denying Jones' postconviction motion.
Jones also contends that his death sentence is contrary to Atkins v. Virginia, 536 U.S. 304 (2002), because he is mentally retarded. Under Florida law, one of the criteria to determine if a person is mentally retarded is that he or she must demonstrate "significantly subaverage general intellectual functioning," which is defined as performance two or more standard deviations from the mean score on a standardized intelligence test authorized by the Department of Children and Family Services. Cherry v. State, 32 Fla. L. Weekly S151, S154-55 (Fla. April 12, 2007).
Jones did not demonstrate significantly subaverage general intellectual functioning. Thus, we affirm the circuit court's order denying Jones' motion to bar execution due to mental retardation.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.