Joshua Lee Altersberger, Appellant v. State of Florida, Appellee; Joshua Lee Altersberger, Petitioner, v. Julie L…

Summary

The court affirmed the denial of postconviction relief on the claim that trial counsel was ineffective for failing to explain the different standards governing presentence and postsentence plea withdrawal, finding neither deficient performance nor prejudice. It held that the death sentence violated the applicable jury-unanimity requirement because the jury recommended death by a nine-to-three vote, and the error was not harmless beyond a reasonable doubt; the sentence was therefore vacated and the case remanded for a new penalty phase. The court also denied habeas relief because the voluntariness of the guilty plea had already been reviewed on direct appeal. Justice Polston, joined by Justices Canady and Lawson, concurred in the decision except for vacating the death sentence.