Supreme Court of Florida

Convictions and sentence of death of a defendant for first-degree murder is affirmed where: 1) trial court did not err in denying defendant's motion to suppress DNA samples and nail scrapings; 2) trial court did not err in denying defendant's motion to suppress physical evidence seized from his residence; 3) trial court did not err in denying defendant' motion to sever his trial from that of his two codefendants; 4) trial court did not err in admitting extrinsic evidence; 5) under the totality of the circumstances the improper use of "and/or" in the felony murder, cruelty to animals, and principals instructions do not constitute fundamental error; 6) trial court did not abuse its discretion in moving the trial to another county after it granted a motion to change venue; 7) defendant has not demonstrated violation of his right to a fair and impartial jury; 8) trial court did not err in denying defendant's motion for judgment of acquittal; 9) defendant's claim that both the HAC and the CCP aggravators are unconstitutional and inapplicable in his case is rejected as they are without merit; 10) defendant's sentence is proportionate; and 11) Florida's death penalty scheme is not unconstitutional under Ring.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Jeffery Dowdy of Dowdy and Nielsen, Winter Springs, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, FL, for Appellee.