Supreme Court of Florida

Richard P. Franklin, Appellant v. State of Florida, Appellee

November 23, 201641 Fla. L. Weekly Supp. 573

Summary

The court affirmed Franklin’s first-degree murder conviction, concluding that the evidence supported a finding of premeditation based on the planned encounter, pursuit, repeated stabbing, and opportunities to reflect. It vacated the death sentence because the non-unanimous jury recommendation rendered the capital sentencing error nonharmless, while rejecting the argument that prior violent-felony convictions or Florida law required an automatic life sentence. The court remanded for a new penalty phase proceeding.