Supreme Court of Florida

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No. SC17-2054

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DANIEL LEE DOYLE,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

[June 26, 2018]

PER CURIAM.

We have for review Daniel Lee Doyle’s appeal of the circuit court’s order 

denying Doyle’s motion filed pursuant to Florida Rule of Criminal Procedure 

3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const. 

Doyle’s motion sought relief pursuant to the United States Supreme Court’s 

decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in 

Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 

(2017). Doyle responded to this Court’s order to show cause arguing why 

Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017), 

should not be dispositive in this case.
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After reviewing Doyle’s response to the order to show cause, as well as the 

State’s arguments in reply, we conclude that Doyle is not entitled to relief. Doyle 

was sentenced to death following a jury’s recommendation for death by a vote of 

eight to four, and his sentence of death became final in 1985. Doyle v. State, 460 

So. 2d 353 (Fla. 1984).

1

 Thus, Hurst does not apply retroactively to Doyle’s 

sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the 

denial of Doyle’s motion.

The Court having carefully considered all arguments raised by Doyle, we 

caution that any rehearing motion containing reargument will be stricken. It is so 

ordered.

LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.

PARIENTE, J., concurs in result with an opinion.

LEWIS and CANADY, JJ., concur in result.

PARIENTE, J., concurring in result.

As in prior Hitchcock2-related cases, I concur in result because I recognize 

that this Court’s opinion in Hitchcock is now final. However, I continue to adhere 

 

1. Although our decision affirming Doyle’s death sentence does not specify 

the number of Doyle’s jurors who voted to recommend death, the Eleventh Circuit 

Court of Appeals referenced the jury vote in its decision regarding Doyle’s federal 

petition for a writ of habeas corpus. See Doyle v. Dugger, 922 F.2d 646, 648 (11th 

Cir. 1991).

2. Hitchcock v. State, 226 So. 3d 216 (Fla.), cert. denied, 138 S. Ct. 513 

(2017).
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to the views expressed in my dissenting opinion in Hitchcock that Hurst3should 

apply retroactively to defendants like Doyle. Hitchcock, 226 So. 3d at 220-21 

(Pariente, J., dissenting). 

Applying Hurst to Doyle’s case, in addition to the jury’s nonunanimous 

recommendation for death of eight to four, this Court determined on direct appeal 

that the State did not prove the avoid arrest aggravating factor beyond a reasonable 

doubt and therefore struck it before determining that the death penalty was 

proportionate in Doyle’s case. Doyle v. State, 460 So. 2d 353, 358 (Fla. 1984); 

majority op. at 2; see Middleton v. State, 42 Fla. L. Weekly S637, 2017 WL 

2374697, *1-2 (Fla. June 1, 2017) (Pariente, J., dissenting) (explaining how a 

stricken aggravating factor affects the Hurst harmless error analysis).4 Further, this 

case demonstrates other concerns, specifically the absence of the trial court finding 

any mental mitigation. As then-Justice Overton, joined by then-Justice McDonald, 

explained on direct appeal dissenting in part, 

 

3. Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 136 S. Ct. 

2161 (2017); see Hurst v. Florida, 136 S. Ct. 616 (2016).

4. I also note that Doyle challenged his sentence of death under Caldwell v. 

Mississippi, 472 U.S. 320 (1985), several times. See Doyle v. Singletary, 655 So. 

2d 1120, 1121 (Fla. 1995); Doyle v. State, 526 So. 2d 909, 911 (Fla. 1988). As I 

have explained, Caldwell further supports the conclusion that the Hurst error is not 

harmless beyond a reasonable doubt in cases where the jury did not unanimously 

recommend a sentence of death. See Reynolds v. State, 43 Fla. L. Weekly S163, 

2018 WL 1633075, *15-17 (Fla. Apr. 5, 2018) (Pariente, J., dissenting).
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The record reflects that [Doyle] was 21 years old; that he had an IQ of 

between 70 and 80, and was borderline retarded; that he was suffering 

from organic brain defects, which caused dyslexia, and had emotional 

problems; that he had been enrolled in handicapped classes; and that 

his mental condition was chronic.

Doyle, 460 So. 2d at 358 (Overton, J., concurring in part and dissenting in part). 

After explaining that substantial evidence of mental mitigation was presented, 

which the trial court should not have rejected, Justice Overton explained that the 

trial court applied the wrong standard “in determining the presence or absence of 

the above mitigating circumstances.” Id. at 359.

Therefore, in addition to the Court striking one of the three aggravating 

factors, the presence of substantial mitigation demonstrates that this case cries out 

for a resentencing by a jury in light of Hurst. While the crime itself was certainly 

aggravated, at least 4 jurors concluded that the death penalty was not appropriate, 

likely due to the significant evidence of mitigation. Accordingly, if Hurst applied 

to Doyle’s case, I would conclude that the Hurst error is not harmless beyond a 

reasonable doubt and would, accordingly, grant Doyle a new penalty phase. 

An Appeal from the Circuit Court in and for Broward County, 

Edward Harold Merrigan, Jr., Judge - Case No. 061981CF009310A88810

Mark E. Olive of the Law Office of Mark E. Olive, P.A., Tallahassee, Florida,

for Appellant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Ilana Mitzner, 

Assistant Attorney General, West Palm Beach, Florida,
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for Appellee