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STATE v. PERRY

Nos. 5D16-516, 5D16-543.

192 So.3d 70 (2016)

STATE of Florida, Petitioner, v. Larry Darnell PERRY, Respondent. State of Florida, Petitioner, v. William Theodore Woodward, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 20, 2016.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Vivian Singleton , Assistant Attorney General, Daytona Beach, for Petitioner.

Frank J. Bankowitz and J. Edwin Mills , Orlando, for Respondent.

Robert R. Berry and Gregory W. Eisenmenger , of Eisenmenger, Berry, Blaue & Peters, P.A., Viera, for Respondent.

In Hurst v. Florida, ___ U.S. ___, ___, 136 S.Ct. 616, 619, 193 L.Ed.2d 504 (2016), the United States Supreme Court held that Florida's capital "sentencing scheme [is] unconstitutional. The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death...

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