Supreme Court of Florida

Henry Lee Jones, Appellant v. State of Florida, Appellee — Quince, J., Concurring in Part and Dissenting in Part

March 2, 201742 Fla. L. Weekly Fed. S 257

Summary

Justice Quince concurs with the majority that Jones’s conviction is affirmed, but dissents from the majority’s harmless‑error analysis of the Hurst error, holding that the error was not harmless and would require resentencing. He argues that the jury’s findings on the aggravating factors are uncertain and that the harmless‑error review cannot substitute for a trier‑of‑fact’s determination.