HOWARD L. HAMILTON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (12 total)

• Brooks v. State, 918 So. 2d 181 (Fla. 2005)
  …in capital sentencing and receive equal punishment.” Id. A trial court’s determination regarding relative culpability constitutes a finding of fact and will be sustained on review if supported by competent, substantial evidence. See Puccio v. State, 701 So. 2d 858, 860 (Fla.1997). In the sentencing order, the trial court gave little mitigatory weight to the fact that Davis received a life sentence. In so determining, the trial court made the following finding: In analyzing the life sentence imposed on Walke…
• Sexton v. State, 775 So. 2d 923 (Fla. 2000)
  …. at 407. “A trial court’s determination concerning the relative culpability of the eo-perpetra-tors in a first-degree murder case is a finding of fact and will be sustained on review if supported by competent substantial evidence.” Puccio v. State, 701 So. 2d 858, 860 (Fla.1997). The trial court’s thorough analysis indicates that the trial court carefully considered the relative culpability of Sexton and Willie. See Jennings v. State, 718 So. 2d 144, 153 (Fla.1998). As indicated by the trial court’s sentenc…
• Guerry Wayne HERTZ v. State, 803 So. 2d 629 (Fla. 2001)
  …relative culpability of the co-perpetrators in a first-degree murder case is a finding of fact and will be sustained on review if supported by competent substantial evidence.” Sexton v. State, 775 So. 2d 923, 935 (Fla.2000) (quoting Puccio v. State, 701 So. 2d 858, 860 (Fla.1997)). Although Hertz urges equal culpability with codefendant Dempsey in the present case, the trial court resolved this issue against Hertz in discussing Dempsey’s disparate life sentence as a mitigating factor: [*653] Finally, the def…

Authorities Cited

• Paccione v. State, 698 So. 2d 252 (Fla. 1997)
• Hamilton v. State, 695 So. 2d 436 (Fla. 4th DCA 1997)
• Shelby and Thomas Watson v. Nathan Beckman, D.D.S., 695 So. 2d 436 (Fla. 3d DCA 1997)