Supreme Court of Florida

Tiffany Ann Cole, Appellant v. State of Florida, Appellee — Pariente, J., Concurring

June 29, 201742 Fla. L. Weekly Supp. 701

Summary

Justice Pariente, concurring, agrees with the majority that the Hurst error in Cole’s case was not harmless beyond a reasonable doubt, emphasizing the nine‑to‑three jury recommendation for death and the limited weight the trial court gave to mitigation evidence. The opinion expands the Hurst analysis by reviewing the mitigation presented at trial and noting the Court’s inability to determine why three jurors voted against death.