STATE OF FLORIDA, PETITIONER,
v.
DAVID FRYE, RESPONDENT
PER CURIAM.
We have for review Frye v. State, 690 So. 2d 629 (Fla. 3d DCA 1997), which expressly and directly conflicts with White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992); and Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In accordance with our decision in State v. Hudson, 698 So. 2d 831 (Fla.1997), we approve the decision below.
KOGAN, C.J., and OVERTON, SHAW, HARDING and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion in which GRIMES, J., concurs.
WELLS, Justice,
dissenting.
I must dissent for the same reasons stated in my dissent in State v. Hudson, 698 So. 2d 831 (Fla.1997).
GRIMES, J., concurs.
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Zakrzewski v. State, 717 So. 2d 488 (Fla. 1998)…ing the trial court’s override of the jury’s recommendation of a life sentence in Pomeranz v. State, 703 So. 2d 465, 471 (Fla.1997), the latest of a series of recent cases wherein we have consistently reaffirmed Tedder. See Marta-Rodriguez v. State, 699 So. 2d 1010, 1012-1013 (Fla.1997); Jenkins v. State, 692 So. 2d 893, 895 (Fla.1997); Boyett v. State, 688 So. 2d 308, 310 (Fla.1996). The majority has not considered the facts in a light most favorable to the recommendation of the jury, as we are required to d…
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Garcia v. State, 816 So. 2d 554 (Fla. 2002)…itted). [*571] In Garcia’s first trial, there is a reasonable basis in the record to support the jury’s recommendation of life. First, the jury in the first trial could have found that Garcia was not the killer. See, e.g., Martar-Rodriguez v. State, 699 So. 2d 1010, 1012-13 (Fla.1997) (holding jury recommendation of life reasonable where jury could have believed that defendant was not the murderer based on lack of eyewitness testimony and there was mitigating evidence in the record upon which the jury could re…
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Coleman v. State, 64 So. 3d 1210 (Fla. 2011)…. 2d at 403 (”[W]e affirm Mahn’s first-degree murder convictions, but remand with directions that his sentence for Debra Shanko’s murder be reduced to a life sentence without eligibility for parole for twenty-five years.”); Marta-Rodriguez v. State, 699 So. 2d 1010, 1013 (Fla.1997) (”[W]e affirm Marta-Rodriguez’s convictions and non-capital felony sentences, vacate his death sentences, and remand for imposition of two consecutive sentences of life imprisonment, each without the possibility of parole for twenty…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hudson, 698 So. 2d 831 (Fla. 1997)
- White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)
- Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992)
- Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992)
- Frye v. State, 690 So. 2d 629 (Fla. 3d DCA 1997)