PRESTON

v.

FLORIDA

Citator

Cited By (11 total)

• Henyard v. State, 689 So. 2d 239 (Fla. 1996)
  …ses cited therein. Moreover, “[f]ear and emotional strain may be considered as contributing to the heinous nature of the murder, even where the victim’s death was almost instantaneous.” Preston v. State, 607 So. 2d 404, 410 (Fla.1992), cert. denied, 507 U.S. 999, 113 S.Ct. 1619, 123 L.Ed.2d 178 (1993). In this case, the trial court found the heinous, atrocious or cruel aggravating factor to be present based upon the entire sequence of events, including the fear and emotional trauma the children suffered dur…

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• Blanco v. State, 706 So. 2d 7 (Fla. 1997)
  …urt has repeatedly upheld and applied it. Orme v. State, 677 So. 2d 258 (Fla.1996), cert. denied, — U.S. -, 117 S.Ct. 742, 136 L.Ed.2d 680 (1997); Smith v. State, 641 So. 2d 1319 (Fla.1994); Preston v. State, 607 So. 2d 404 (Fla.1992), cert. denied, 507 U.S. 999, 113 S.Ct. 1619, 123 L.Ed.2d 178 (1993); Watts v. State, 593 So. 2d 198 (Fla.), cert. denied, 505 U.S. 1210, 112 S.Ct. 3006, 120 L.Ed.2d 881 (1992); Diaz v. State, 513 So. 2d 1045 (Fla.1987), cert. denied, 484 U.S. 1079, 108 S.Ct. 1061, 98 L.Ed.2d 1…
• Foster v. State, 679 So. 2d 747 (Fla. 1996)
  …coholic and was under the influence of alcohol at the time of the homicide. The decision as to whether a mitigating circumstance has been established is within the trial court’s discretion. Preston v. State, 607 So. 2d 404 (Fla.1992), cert. denied, 507 U.S. 999,113 S.Ct. 1619, 123 L.Ed.2d 178 (1993). Moreover, expert testimony alone does not require a finding of extreme mental or emotional disturbance. See Provenzano v. State, 497 So. 2d 1177 (Fla.1986), cert. denied, 481 U.S. 1024, 107 S.Ct. 1912, 95 L.E…