Supreme Court of Florida

Rafael Andres, Appellant v. State of Florida, Appellee.

September 20, 2018254 So. 3d 283

Summary

The court affirmed Andres's first-degree murder conviction after rejecting his claims concerning discovery, hearsay, cross-examination, the cell-site simulator search, expert testimony, closing arguments, and cumulative guilt-phase error. It vacated the death sentence because the nonunanimous nine-to-three death recommendation prevented the court from finding the constitutional sentencing error harmless beyond a reasonable doubt, and it remanded for a new penalty phase.