PAYTON

v.

MISSISSIPPI

Citator

Cited By

• Simmons v. State, 934 So. 2d 1100 (Fla. 2006)
  …ng claim because the jury unanimously recommended death, and one of the aggravating factors was that the murder was committed during the course of a sexual battery or burglary, crimes of which the jury also found the defendant guilty), cert. denied, 544 U.S. 987, 125 S.Ct. 1865, 161 L.Ed.2d 747 (2005); Caballero v. State, 851 So. 2d 655, 663-64 (Fla.2003) (rejecting a Ring claim on direct appeal where one of the aggravating circumstances the judge considered was that the defendant committed the murder durin…
• Hoskins v. State, 965 So. 2d 1 (Fla. 2007)
  …ourt found three statutory aggravators — (1) convicted felon under sentence of imprisonment; (2) commission during the course of a sexual battery or burglary; and (3) HAC — five statutory mitigators, and four nonstatutory miti-gators), cert. denied, 544 U.S. 987, 125 S.Ct. 1865, 161 L.Ed.2d 747 (2005); Douglas, 878 So. 2d at 1262-63 (upholding a death sentence where the victim was sexually battered and beaten and the trial court found two aggravators — HAC and commission during the course of a sexual batter…
• Hannon v. State, 941 So. 2d 1109 (Fla. 2006)
  …e Hannon, 638 So. 2d at 43. With regard to the HAC aggravator, we have previously noted that it is one of the most serious aggravators set out in the statutory sentencing scheme, see Everett v. State, 893 So. 2d 1278, 1288 (Fla.2004), cert. denied, 544 U.S. 987, 125 S.Ct. 1865, 161 L.Ed.2d 747 (2005), and a review of the trial record demonstrates that the murders of Snider and Carter were particularly cruel. Hannon grabbed Snider, who had been stabbed by Acker fourteen times, from behind and slit his throa…