CHASE

v.

PETERSON ET AL.

Citator

Cited By

• Jackson v. State, 648 So. 2d 85 (Fla. 1994)
  …titled to relief on this basis. Reversal is not warranted where the trial court either merges the factors into one or, as was done in this case, finds only one of the factors to apply. See Valle v. State, 581 So. 2d 40, 47 n. 9 (Fla.), cert. denied, 502 U.S. 986, 112 S.Ct. 597, 116 L.Ed.2d 621 (1991) (not error to refuse to give merger instruction where trial court merged aggravating factors into one). We also find no merit to Jackson’s contention that it was error to apply section 921.141(5)(j) in this ca…

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• Bonifay v. State, 680 So. 2d 413 (Fla. 1996)
  …ce was relevant to the cold, calculated, and premeditated aggravator. In this resentencing proceeding, the State had the burden to establish this aggravating circumstance beyond a reasonable doubt. Valle v. State, 581 So. 2d 40 (Fla.), cert. denied, 502 U.S. 986, 112 S.Ct. 597, 116 L.Ed.2d 621 (1991). Bonifay’s conduct while in the store exhibited deliberate ruthlessness, which supports the heightened premeditation requirement of this aggravator. See Wuornos v. State, 644 So. 2d 1000 (Fla.1994), cert. denie…
• Jackson v. State, 704 So. 2d 500 (Fla. 1997)
  …gn to kill Officer Bevel. 648 So. 2d at 93 (Kogan, J., concurring specially). There is not any evidence in the instant record that leads me to a contrary conclusion. Additionally, I" maintain that Valle v. State, 581 So. 2d 40 (Fla.), cert. denied, 502 U.S. 986, 112 S.Ct. 597, 116 L.Ed.2d 621 (1991), on which the majority relies, is distinguishable. The evidence in Valle, unlike the evidence in the instant case, clearly depicts the defendant’s careful plan to kill a law enforcement officer in order to avoi…

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