DAVID F. GALLOWAY, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT

Fla. 2d DCA | 2001-06-29
No. 2D00-255
WHATLEY, A.C.J., and CASANUEVA, J., Concur.
787 So. 2d 972 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 2 cases
Opinion of the Court
GREEN, Judge.

GREEN, Judge.

The appellant appeals the trial court’s judgment and sentence adjudicating him guilty of first-degree murder and sentencing him to life imprisonment. The State cross-appeals the trial court’s decision to override the jury’s recommendation that appellant be sentenced to death, complaining that the trial court improperly found three of the four aggravating factors merged into one.

We affirm the judgment and sentence, and with respect to the State’s cross-appeal, we affirm the trial court’s decision to override the jury’s recommendation of a death sentence. See Brown v. State, 521 So. 2d 110 (Fla.1988); see also § 921.141, Fla. Stat. (2000).

WHATLEY, A.C.J., and CASANUEVA, J., Concur.

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  • Galloway v. State, 931 So. 2d 136 (Fla. 5th DCA 2006)
    …rrectional Institution in Lake County. He filed this petition in the Circuit Court for Lake County. However, he was tried and convicted in Pinellas County, and his criminal case was affirmed by the Second District Court of Appeal. Galloway v. State, 787 So. 2d 972 (Fla. 2d DCA 2001). Galloway claims in his petition that his indictment was fatally defective because it failed to allege that he committed the offense through a premeditated design.1 Thus, it failed to charge him with a crime under Florida law. Th…

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