HARRY DEAN HUDDLESTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1985-08-29
No. 64307
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.
475 So. 2d 204 Florida Supreme Court (1985) Caution
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Harry Dean Huddleston was convicted of first-degree murder and sentenced to death for the brutal killing of a cashier at an Air Force Base club. The Florida Supreme Court affirmed the murder conviction but vacated the death sentence, finding that the trial judge improperly overrode the jury's recommendation of life imprisonment without meeting the clear and convincing standard required by Tedder v. State.


Holding

The court rejected Huddleston's claim regarding jury composition, finding it previously rejected in Valle v. State. The court held that the death sentence was improper because the trial judge failed to meet the Tedder standard: facts suggesting death must be so clear and convincing that virtually no reasonable person could differ. Given the mitigating factors present—no significant prior criminal history, drug abuse history, recent job loss, personal relationship troubles, and age of twenty-three—the jury's recommendation of life imprisonment was reasonable.


Headnotes

[1] A substantial underrepresentation of a particular ethnic group on a jury venire violates the due process and equal protection clauses of the United States Constitution.

[2] To sustain a sentence of death following a jury recommendation of life imprisonment, the facts suggesting a sentence of death must be so clear and convincing that virtual…

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Key Quotes

“In order to sustain a sentence of death following a jury recommendation of life the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ.”

Establishes the controlling legal standard from Tedder v. State for overriding a jury's life recommendation in capital cases.

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Facts & Procedural History

Huddleston, a recently fired employee of a Non-Commissioned Officers Club at Homestead Air Force Base, returned to the club to retrieve his final payc…

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Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

This is an appeal from a conviction of first-degree murder and a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Huddleston confessed to the murder of Dawn Perkins, a cashier at the Homestead Air Force Base Non-Commissioned Officers Club. Huddleston had also been an employee of the club until a few days before the murder when he was fired.

The testimony showed that Huddleston went to the club on the day of the murder in the very early morning hour in order to pick up his last pay check. A few hours later, around 4:00 a.m., a security policeman at the Homestead Air Force Base testified that he found Huddleston sleeping in the corner of an unfinished building next to the club. When he awoke Huddleston,, Huddleston told him he had no other place to go. After taking him to the patrol office, the officer escorted Huddleston off the base.

The body of the victim was discovered by the club manager later that morning when he arrived for work. In Huddleston’s confession to the detective he stated that after he was escorted off the base, he rode his bicycle around for a while, parked it, and jumped a fence and headed back to the club. He knocked on the door of the club and the victim let him in. He stated that he then pretended to be doing his job for a few minutes, and then entered the ladies’ bathroom. He then called for the victim, pretending that the bathroom was flooding. When the victim entered the bathroom he immediately attacked her. He stated that he struck the victim four or five times with his elbows, knocking her to the floor. The victim began screaming and struggling. She stated that she knew what Huddleston wanted, referring to the money. While the victim was on the floor, Huddleston picked up a chair and struck the victim on the head. Huddleston then began to strangle the victim.

When Huddleston noticed the victim was still moving and conscious, he left the bathroom, went across the hall to the bar, and brought back a six-inch, serrated-edged steak knife. Huddleston stabbed the victim repeatedly in the chest, neck, and back. During this stabbing, the victim asked, “Why are you stabbing me? I’m already dead.” Huddleston only stopped when the blade of the knife bent.

When Huddleston observed some movement left in the victim’s body, he again left the bathroom and obtained a sixteen-inch-long butcher knife from the kitchen. After returning to the bathroom, Huddleston began stabbing the victim again.

After the victim died, Huddleston stole approximately $13,000 from the cashier’s cage and then left the club.

Huddleston was convicted of first-degree murder and armed robbery with a deadly weapon. The jury recommended a sentence of life imprisonment with no possibility of parole for at least twenty-five years for the murder conviction. However, the trial judge rejected the jury’s advisory sentence and imposed a sentence of death.

Huddleston initially requests this Court to overturn his conviction and grant him a new trial because the petit jury selection procedure in his case did not comport with the due process and equal protection clauses of the United States Constitution. This is so, he argues, because there was a substantial underrepresentation of Latins on the jury venire. We recently rejected this same argument in Valle v. State, 474 So. 2d 796 (Fla.1985). Huddleston has presented the same evidence as Valle; therefore, we also reject his claim.

Regarding his sentence, Huddle-ston argues that the proper standard was not met for overriding the jury’s recommendation of life imprisonment. We agree. In Tedder v. State, 322 So. 2d 908, 910 (Fla.1975), this Court held that:

In order to sustain a sentence of death following a jury recommendation of life the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ. From this record we cannot say that the jury was unreasonable in recommending life imprisonment. The trial judge specifically found one statutory mitigating factor to be present, i.e., that Huddleston had no significant history of prior criminal activity. § 921.141(6)(a), Fla.Stat. (1983).

In addition there was evidence presented that Huddleston had a history of drug abuse and that at the time of the homicide he had a very troubled personal life because he had just lost his job, his girlfriend was pregnant and wished to put the baby up for adoption contrary to his wishes, and his parents were on the verge of getting a divorce. Huddleston’s age at the time of the commission of the crime, twenty-three, was also presented as a mitigating factor. While there is no per se rule which pinpoints age as an automatic mitigating or aggravating factor, Peek v. State, 395 So. 2d 492 (Fla.), cert. denied, 451 U.S. 964, 101 S.Ct. 2036, 68 L.Ed.2d 342 (1981), we have held that the age of the defendant, twenty-one, could be considered by the jury as a mitigating factor. Cannady v. State, 427 So. 2d 723 (Fla.1983).

Considering these factors we cannot say that the facts suggesting a sentence of death are so clear and convincing that virtually no reasonable person could differ.

In conclusion, we affirm the conviction of first-degree murder. The sentence of death is vacated and the cause is remanded to the trial court for imposition of a sentence of life imprisonment without eligibility of parole for twenty-five years.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.

Concurrence
ALDERMAN, J.,

ALDERMAN, J.,

concurs in the conviction, but concurs in result only as to the sentence.


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Citator

Cited By

  • Mungin v. State, 689 So. 2d 1026 (Fla. 1995)
    …is simply a fact, every murderer has one.” Echols v. State, 484 So. 2d 568, 575 (Fla.1985), cert. denied, 479 U.S. 871, 107 S.Ct. 241, 93 L.Ed.2d 166 (1986). How a defendant’s age is viewed may differ from case to case. Compare Huddleston v. State, 475 So. 2d 204, 206 (Fla.1985) (age of twenty-three was mitigating factor) with Lara v. State, 464 So. 2d 1173, 1179 (Fla.1985) (age of twenty-five did not require instruction on age as a mitigating circumstance). The better practice may be to give the specific in…
  • J.C. Fead, Sr. v. State, 512 So. 2d 176 (Fla. 1987)
    …this evidence and reasonably concluded that the appellant acted under the effects of alcohol. This Court frequently has reversed jury overrides where the jury could have found alcohol or drug abuse as a mitigating circumstance. Huddleston v. State, 475 So. 2d 204, 206 (Fla.1985); Cannady v. State, 427 So. 2d 723, 731 (Fla.1983); Phippen v. State, 389 So. 2d 991, 993 (Fla.1980); Buckrem v. State, 355 So. 2d 111, 113-14 (Fla.1977). In Amazon v. State, 487 So. 2d 8 (Fla.), cert. denied, — U.S. —, 107 S.Ct. 314,…
  • Carter v. State, 560 So. 2d 1166 (Fla. 1990)
    …it also tended to establish that Carter is amenable to rehabilitation, see Cooper v. Dugger, 526 So. 2d 900, 902 (Fla.1988), and suffered the ill effects of chronic alcohol and drug abuse at the time of his offense. See, e.g., Hud-dleston v. State, 475 So. 2d 204, 206 (Fla.1985); Norris v. State, 429 So. 2d 688, 690 (Fla.1983). Accordingly, we affirm Carter’s convictions but reduce the death penalty to a sentence of life in prison. The other issues raised by Carter regarding imposition of the death penalty…

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