Rodney Tyrone Lowe, Appellant v. State of Florida, Appellee. — Pariente, J., Dissenting

Summary

Justice Pariente, dissenting, would vacate Lowe's death sentence and remand for a new penalty phase because the jury considered an improper avoid-arrest aggravator and received materially misleading information about parole eligibility, credit for time served, and Lowe's consecutive sentence. She concluded that the cumulative errors could have affected the jury's recommendation and therefore could not be harmless beyond a reasonable doubt. Justice Quince, concurring in part and dissenting in part, likewise would find the Hurst error nonharmless, emphasizing the misleading sentencing information, repeated references to Lowe's prior death sentence, and the absence of jury findings on the avoid-arrest aggravator.