Supreme Court of Florida

A conviction of first-degree murder and sentence of death is affirmed in part as to the conviction, but the sentence is vacated and reduced to life imprisonment without the possibility of parole where: 1) there was insufficient evidence to maintain an avoid arrest aggravator as the proof was lacking that the dominant or only motive for the killing was to avoid arrest; and 2) the imposition of the death sentence would not be proportionate based on the existence of the single aggravator that remained.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Russell L. Akins of Smith, Akins and Associates, Fort Pierce, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, FL, for Appellee.