Alex Pagan, Appellant v. State of Florida, Appellee — Lawson, J., Dissenting

Summary

The dissent argues that the alleged sentencing error was subject to harmless-error review and that the evidence established beyond a reasonable doubt that a rational, properly instructed jury would have unanimously found the necessary aggravating circumstances and recommended death. It criticizes the majority for treating the absence of a unanimous death recommendation as per se reversible error and would deny relief. Justice Polston, dissenting separately, would also reject remand because the sentencing decision was not retroactive, no qualifying error occurred, and the error was harmless even if present.