Supreme Court of Florida

Sonny Boy Oats, Jr., Petitioner v. Julie L. Jones

May 25, 201742 Fla. L. Weekly Supp. 616

Summary

Justice Pariente concurs with the majority that Oats is not entitled to a jury determination on his intellectual‑disability claim and that he is not entitled to relief under Hurst. He notes that the failure to impanel a jury on resentencing after striking aggravating factors was error, but because he is bound by Asay, he joins the denial of relief while urging a new penalty phase if Hurst were applied retroactively.