PAUL WILLIAM SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Disparity cases and more on FLexlaw
The Motion for Substitution of Counsel is granted; Leave to Supplement Motion for Rehearing and Brief and Argue the Applicability of Enmund v. Florida, - U.S. -, 102 S.Ct. 3368, 73 L.Ed.2d 1140 is denied. The Motion to Supplement has been treated as a proper Notice of Additional Authority. The Motion for Rehearing, 411 So. 2d 866 (Fla.), is denied.
ALDERMAN, C. J., and ADKINS, BOYD, SUNDBERG and McDONALD, JJ, concur. OVERTON, J., dissents with an opinion.
OVERTON, Justice,
dissenting.
I dissent from the denial of the petition for rehearing. There is a serious disparity in the sentencing of Scott and his codefend-ant, Kondian, who pleaded guilty to murder and was sentenced to forty-five years imprisonment after the petitioner, Scott, was tried by a jury, convicted of murder, and sentenced to death. Petitioner correctly asserts that we have not addressed this issue in these proceedings. Even when the accomplice has been sentenced subsequent to the sentencing of the defendant seeking review, it is proper for this Court to consider the propriety of disparate sentences, see Witt v. State, 342 So. 2d 497, 500 (Fla.1977), to determine whether a death sentence is appropriate given the conduct of all participants in committing the crime. We should consider this issue at this time, rather than wait and see it arise for a second review in a motion under Florida Rule of Criminal Procedure 3.850. It appears from the record that the trial judge considered the respective roles of Scott and his code-fendant in committing the murder, and this is an issue we can decide in this review.
I would, therefore, grant the petition for rehearing to allow this Court to address the appropriateness of Scott’s death sentence in view of the sentence imposed on his code-fendant. This issue should not be left unresolved.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (41 total)
-
Craig v. State, 510 So. 2d 857 (Fla. 1987)…ur communities.” Id. at 1280. On the other hand, in numerous cases we have affirmed death sentences imposed following jury recommendations of life impris [*870] onment. A few examples are Mills v. State, 476 So. 2d 172 (Fla.1985); Stevens v. State, 419 So. 2d 1058 (Fla.1982), cert, denied, 459 U.S. 1228, 103 S.Ct. 1236, 75 L.Ed.2d 469 (1983); White v. State, 403 So. 2d 331 (Fla.1981), cert, denied, 463 U.S. 1229, 103 S.Ct. 3571, 77 L.Ed.2d 1412 (1983); Johnson v. State, 393 So. 2d 1069 (Fla.1980), cert, denie…
-
Bundy v. State, 471 So. 2d 9 (Fla. 1985)…g; 2) that the murder was committed while the defendant was under sentence of imprisonment at the time; and, 3) that the defendant had previously been convicted of felonies involving the use or threat of violence to the person. In Stevens v. State, 419 So. 2d 1058 (Fla.1982), cert. denied, 459 U.S. 1228, 103 S.Ct. 1236, 75 L.Ed.2d 469 (1983), we affirmed a death sentence where the defendant had robbed a convenience store and then raped, strangled, stabbed, and killed the victim. The trial court properly found…
-
Bush v. State, 461 So. 2d 936 (Fla. 1984)…must neither abuse a suspect nor seek to obtain a statement by coercion or inducement, the interrogator’s job is to gain as much information about the alleged crime as possible without violating the suspect’s constitutional rights. Stevens v. State, 419 So. 2d 1058, 1063 (Fla.1982). The confession must be the product of a rational intellect and free will. Townshend v. Sain, 372 U.S. 293, 307, 83 S.Ct. 745, 754, 9 L.Ed.2d 770 (1963). In addition, we have previously held that a confession is not rendered inadmis…
Previewing 3 of 41 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Enmund v. Florida, 458 U.S. 782 (U.S. 1982)
- Witt v. State, 342 So. 2d 497 (Fla. 1977)
- Scott v. State, 411 So. 2d 866 (Fla. 1982)