Supreme Court of Florida

Conviction of defendant for first-degree murder and sentence of death area affirmed where: 1) competent, substantial evidence exists to support each of defendant's convictions; 2) trial court did not abuse its discretion in admitting evidence concerning the nature of the defendant's relationship with the victim's daughter; 3) trial court did not err in its response to the jury's question regarding the conscious intent component of the principals jury instruction; 4) because the prosecutor's remark during the penalty phase was made in the context of mitigation and the isolated reference was not so prejudicial as to vitiate the trial's result, the trial court did not abuse its discretion in denying defendant's request for mistrial; 5) defendant has not identified reversible error committed by the trial court in the admission of victim impact evidence; 6) competent, substantial evidence supports the trial court's finding the avoid arrest aggravating factor; 7) legally sufficient evidence exists to support a finding of each element of the cold, calculated, and premeditated (CCP) aggravator; 8) competent, substantial evidence supports the trial court's finding of the heinous, atrocious, or cruel aggravator; 9) defendant's sentence does not violate Apprendi; and 10) the death sentence in this case is proportionate.

Appellate Information

• Decided 11/10/2010
• Published 11/10/2010

Judges

• Per Curiam

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Christopher J. Anderson, Bill McCollum