BONANNO

v.

CALIFORNIA

Citator

Cited By

• Consalvo v. State, 697 So. 2d 805 (Fla. 1996)
  ….Ct. 1175, 103 L.Ed.2d 237 (1989). Mere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannot support the avoid arrest aggravator. Scull v. State, 533 So. 2d 1137, 1142 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989). Likewise, the mere fact that the victim knew and could identify defendant, without more, is insufficient to prove this aggravator. Geralds v. State, 601 So. 2d 1157, 1164 (Fla.1992); Davis v. State, 604 So. 2…
• Mahn v. State, 714 So. 2d 391 (Fla. 1998)
  …efore, we find no error. For the same reasons cited above, we find no abuse of discretion in the trial court’s according of little weight to Mahn’s mental problems as nonstatutory mitigation. Scull v. State, 533 So. 2d 1137 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989). Age as a Mitigating Factor Mahn asserts that the trial court erred in not finding his age as a mitigating circumstance. He maintains that he is immature for his years and has never become an independent, se…
• Franqui v. State (Fla. 1997)
  …e the degree of homicide, nevertheless rebuts the otherwise cold and calculating nature of the homicide. . In fact, the trial court cited to eight cases which support its finding. See, e.g., Scull v. State, 533 So. 2d 1137 (Fla.1988), cert. denied, 490 U.S. 1037, 109 S.Ct. 1937, 104 L.Ed.2d 408 (1989); Kokal v. State, 492 So. 2d 1317 (Fla.1986); Cooper v. State, 492 So. 2d 1059 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1330, 94 L.Ed.2d 181 (1987). . Appellant relies on Simmons v. South Carolina, 5…