Mr. Hurst was convicted of the first-degree murder of Cynthia Harrison, who was fatally stabbed and slashed in 1998. After his first death sentence was vacated by this Court, he had a second penalty hearing. The jury voted 7-5 to recommend a death sentence and the trial court condemned him to death a second time. This Court upheld the second death sentence on direct appeal but the U.S. Supreme Court vacated it, finding Florida’s death penalty statute violated the Sixth Amendment by failing to require a jury finding of factors that can trigger a death sentence. Mr. Hurst now argues his sentence must be reduced to life in prison.

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