Eriese Alphonso Tisdale v. State of Florida – Corrected Opinion

Summary

The court affirmed Tisdale’s convictions and the sentences on his lesser offenses but vacated his death sentence. It held that double-jeopardy principles did not require a life sentence or bar a new penalty phase, and that section 775.082(2) did not mandate automatic commutation. Because Tisdale’s penalty-phase jury recommended death by a nonunanimous vote, the Hurst error was not harmless beyond a reasonable doubt, requiring a new penalty phase.