HERNANDEZ

v.

TEXAS

Citator

Cited By (13 total)

• Gudinas v. State, 693 So. 2d 953 (Fla. 1997)
  …disagree. We have repeatedly rejected claims that it is error for a trial court to allow the State to pursue a felony murder theory when the indictment gave no notice of the theory. Armstrong v. State, 642 So. 2d 730, 737 (Fla. 1994), cert. denied, 514 U.S. 1085, 115 S.Ct. 1799, 131 L.Ed.2d 726 (1995); Lovette v. State, 636 So. 2d 1304 (Fla.1994); Bush v. State, 461 So. 2d 936 (Fla.1984), cert. denied, 475 U.S. 1031, 106 S.Ct. 1237, 89 L.Ed.2d 345 (1986). Likewise, we agree with the State that the second s…
• Consalvo v. State, 697 So. 2d 805 (Fla. 1996)
  …f victim-impact evidence, is unconstitutional; (19) Death by electrocution is cruel and unusual punishment; and (20) The death penalty is not proportionally warranted in this case. . See Armstrong v. State, 642 So. 2d 730 (Fla. 1994), cert. denied, 514 U.S. 1085, 115 S.Ct. 1799, 131 L.Ed.2d 726 (1995); Lovette v. State, 636 So. 2d 1304, 1307 (Fla.1994); Bush v. State, 461 So. 2d 936, 940 (Fla.1984), cert. denied, 475 U.S. 1031, 106 S.Ct. 1237, 89 L.Ed.2d 345 (1986); O'Callaghan v. State, 429 So. 2d 691, 695…
• Burns v. State, 699 So. 2d 646 (Fla. 1997)
  …ves an additional aggravator and arguably slightly less mitigation, we find in view of the totality of the circumstances that it closely resembles the instant case. Likewise, we find that Armstrong v. State, 642 So. 2d 730 (Fla.1994), cert. denied, 514 U.S. 1085, 115 S.Ct. 1799, 131 L.Ed.2d 726 (1995), is comparable to the instant case. Armstrong, like Burns, murdered a police officer while engaged in a serious felonious [*651] act. Id. at 733-34. The trial court found three valid aggravating factors.10 In…

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