Supreme Court of Florida

Convictions and death sentence for the assault, kidnapping, and murder of an individual is affirmed over claims of error regarding: 1) denial of a motion to suppress a statement to officers on the grounds that it was involuntary; 2) denial of a motion to declare Florida-s capital sentencing scheme unconstitutional since a judge rather than a unanimous jury determines death penalty aggravators; 3) the sufficiency of circumstancial the evidence to rebut defendant's reasonable hypothesis of innocence as to the murder count; 4) the weighing of aggravating and mitigating factors; 5) admission of photographic evidence which was either irrelevant or gruesome and unduly prejudicial; 6) denial of defendant's motion for a statement of particulars regarding the aggravating circumstances and the state's theory of prosecution; 7) an Apprendi claim; and 8) the proportionality of the death sentence.

Appellate Information

• Decided 05/03/2007
• Published 05/03/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Baya Harrison, Monticello, Florida, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, Florida and Barbara C. Davis, Assistant Attorney General, Daytona Beach, Florida, for Appellee.