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HEYNE v. STATE

No. SC14-1800.

214 So.3d 640 (2017)

Justin Curtis HEYNE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

April 6, 2017.

Attorney(s) appearing for the Case

James V. Viggiano , Capital Collateral Regional Counsel, and Chelsea Rae Shirley , Maria E. DeLiberato , and Julissa Fontán , Assistant Capital Collateral Regional Counsel, Middle Region, Temple Terrace, Florida, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, Florida; and Stacey E. Kircher , Assistant Attorney General, Daytona Beach, Florida, for Appellee.

Justin Curtis Heyne filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.851, which the trial court denied after holding an evidentiary hearing. For the reasons expressed below, we affirm the denial of the guilt phase claims but remand for a new penalty phase pursuant to Hurst v. State

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