Supreme Court of Florida

Convictions and sentences for first-degree murder of a police officer, attempted first-degree murder and aggravated battery are affirmed where: 1) there was no error in failing to give the special instruction and further find that the standard instructions given by the court adequately advised the jury on the issue of premeditation; 2) the record demonstrated that the convictions were supported by competent substantial evidence; 3) the nature and extent of testimony of four victim impact witness was not shown to constitute error and did not constitute a due process violation; 4) criminal-appellant's claims that state's capital sentencing statute and jury instructions were unconstitutional were denied because the court previously rejected the same challenges; 5) criminal-appellant's assertion that the state's death penalty statute was unconstitutional under Ring v. Arizona was denied because appellant was convicted by a unanimous jury of the contemporaneous violent felonies of attempted first-degree murder and aggravated battery with a firearm; and 6) when compared with other capital cases, the death sentence in this case was proportionate.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellees:
  
• James S. Purdy, Public Defender, and James R. Wulchak, Chief, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Appellant/Cross-Appellee., Bill McCollum, Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, FL, for Appellee/Cross-Appellant.