Jason Thomas Deaton v. Richard L. Dugger

Jason Thomas Deaton appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief as to his conviction for first-degree murder and petitions this Court for a writ of habeas corpus. The State cross-appeals the trial courts grant of rule 3.850 relief as to Deatons sentence of death and direction that a new penalty proceeding be conducted. We have jurisdiction. Art. V, ? 3(b)(1), (9), Fla. Const. For the reasons expressed, we deny the petition for writ of habeas corpus, affirm the denial of the rule 3.850 motion as to Deatons conviction, affirm the granting of the rule 3.850 motion as to Deatons sentence, and remand this cause for a new sentencing proceeding in accordance with the trial courts judgment.