---
title: 'Resentencing Status of Florida Prisoners Sentenced to Die by Nonunanimous Juries'
description: 'This page tracks the 145 Florida death-sentenced prisoners who won relief under Hurst v. Florida (2016) because 1) their jury recommendations for death…'
canonical: 'https://deathpenaltyinfo.org/stories/florida-prisoners-sentenced-to-death-after-non-unanimous-jury-recommendations-whose-convictions-became-final-after-ring'
section: stories
date: '2019-03-18T11:09:00-04:00'
updated: '2026-01-12T11:22:45-05:00'
source: 'Death Penalty Information Center'
---

This page tracks the 145 Florida death-sentenced prisoners who won relief under *Hurst v. Florida* (2016) because 1) their jury recommendations for death were not unanimous, and 2) their convictions became final after *Ring v. Arizona* (2002), which established that juries must find each aggravating factor necessary to impose death. With the help of attorney and researcher Melanie Kalmanson of [Tracking Florida's Death Penalty](https://fladeathpenalty.substack.com), **DPI has updated this page through January 12, 2026.** Professors Michael Radelet and Hannah Gorman contributed to earlier iterations of *Hurst* resentencing research.

Between March 13, 2017 and April 20, 2023, capital trials in Florida required a unanimous jury vote to impose the death penalty, including in *Hurst* resentencing hearings. However, on April 20, 2023, Florida passed a new capital sentencing standard that authorized death by a jury vote of 8-4. After extensive litigation, this standard was applied to *Hurst* resentencing proceedings that remained pending as of that date. This page now includes a second chart tracking *Hurst* resentencings completed under the 8-4 standard, including the jury vote and whether the state waived the death penalty.

| **Outcome** | **Number** |
|---|---|
| Resentenced to Life or Less | 93 |
| Resentenced to Death | 26 |
| Died on Death Row | 6 |
| Pending | 20 |
| **Total** | **145** |

**Please let us know if you are aware of additional Florida cases that should be included on the lists below, or if they should be updated to reflect a new sentencing disposition (i.e., resentenced to life or resentenced to death).**

   ![Hurst Resentencing Status (Table)](https://datawrapper.dwcdn.net/dITf7/full.png)  

   ![Hurst Resentencing Outcomes Since April 20, 2023 (Table)](https://datawrapper.dwcdn.net/RCmp1/full.png)  

DPI previously determined that twelve additional prisoners met the twin criteria for *Hurst* described above (157 total). However, these prisoners did not officially have their sentences vacated under the *Hurst* framework, for reasons including that they won relief on other grounds, died before a court granted *Hurst* relief, or were determined by a court not to qualify. Two are still awaiting a ruling on their *Hurst* eligibility.

| **Prisoner Name** | **Reason Did Not Receive Hurst Relief** |
|---|---|
| Aguirre-Jarquin, Clemente | Sentence vacated based on newly discovered evidence; subsequently exonerated |
| Bright, Raymond | Sentence vacated due to ineffective assistance of counsel; subsequently resentenced to death |
| Caraballo, Victor | Sentence vacated on other grounds; subsequently resentenced to life |
| Davis, William Roger III | Florida Supreme Court ruled that he waived *Hurst* rights |
| Francis, Carlton | *Hurst* eligibility pending due to incompetency |
| Gosciminski, Andrew | Died before court ruled on *Hurst* relief |
| Herard, James | Florida Supreme Court denied *Hurst* relief |
| Poole, Mark | Florida Supreme Court reversed grant of *Hurst* relief |
| Silvia, William | Florida Supreme Court reversed grant of *Hurst* relief |
| Simpson, Jason | State reduced charges; resentenced to time served |
| Wilcox, Darious | *Hurst* eligibility pending |
| Wright, Ralph | Florida Supreme Court acquitted Wright on appeal due to insufficient evidence; exonerated |

For more background on the Florida legislative and court actions related to the jury unanimity issue, see [Hurst v. Florida Background](https://deathpenaltyinfo.org/stories/hurst-v-florida).

To track developments in Florida death-row appeals that have been decided in light of the state and federal *Hurst* decisions, see [**this chart**](https://deathpenaltyinfo.org/stories/florida-death-penalty-appeals-decided-in-light-of-hurst).