Richard Knight, Appellant v. State of Florida, Appellee; Richard Kn — Perry, J., Concurring in Part and Dissenting…

Summary

This separate opinion would reject the conclusion that the jury-trial error was harmless beyond a reasonable doubt because the record does not establish that the jury unanimously found each aggravating circumstance. It would therefore vacate the death sentence and apply the statutory remedy of life imprisonment rather than remand for resentencing. Justice Quince, concurring in part and dissenting in part, likewise would find the error nonharmless but would remand for a new penalty phase.