Opinion
Case No.: SC20-1847
06-23-2022
Appellant's Motion for Rehearing is hereby denied.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
LABARGA, J., concurs with an opinion.
LABARGA, J., concurring.
I continue to adhere to my dissent in Thompson v. State , 341 So.3d 303 (Fla. Mar. 31, 2022), wherein I reaffirmed my dissenting view in Phillips v. State , 299 So. 3d 1013 (Fla. 2020), and my belief that Hall v. Florida , 572 U.S. 701, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014), applies retroactively.
However, I agree that Thompson has not established a basis for rehearing, and consequently, I have voted to deny rehearing.