Supreme Court of Florida

Defendant's convictions and sentence in a death penalty case are affirmed over claims that: 1) Florida Statutes section 775.051, excluding voluntary intoxication as a defense, is unconstitutional; 2) the evidence was legally insufficient to prove attempted sexual battery; 3) the trial court erred in denying defendant's right of allocution before the jury, and in allowing the state to introduce his suppressed confession at a hearing; 4) the trial court erred in excluding certain testimony; 5) the trial court erred in failing to instruct the jury on the age mitigator; 6) the trial court erred in instructing the jury that the law required the death penalty in this case; and 7) Florida-s death penalty scheme is unconstitutional; further, the court reviewed the sufficiency of the evidence and proportionality of the sentence.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellees:
  
• James Marion Moorman, Public Defender and Steven L. Bolotin, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Appellant/Cross Appellee., Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, and Robert J. Landry, Assistant Attorney General, Tampa, Florida, for Appellee/Cross Appellant.