Fla. Stat, (1981) - Florida State University College of Law

(-TT* 1032, 10491.
An execution-style murder is not narrnally sufficient to pme this agg-ravating ci'r~tance beyond a reasonable doUljti'mpK v, - State,
336 So, 2d 1133 (Fla. 1976); Fknendez v. .State, 368 So. 2d 1278 (Fla,
1979), This is particularly h e where the victim was not even aware
she was going to be killed,
-
Maggard v. State, 399 So. 2d 973 (Pla, 19811,
was female is likewise not sufficient ta qualify an execution-style
wder as especially heinous, within the meankg of this aggravating
circmtance, Wder v. State, 322 So. 2d 908 (Fla, 1975), mr is the
fact of luring the individual to an isolated area for the purpose of
-
v
-
__c
-is v. State, 398 So. 2d 432 @la. 1981);
murder. Dawns v. State, 386 So. 2d 788 (Fla. 1980).
The fact that the victim
that the facts do not support this aggravating circumstance.
It is submitted
(7) The hanicide was cmmitted in a cold, calculated and prerneditatd
ma, without any pretense of mral or legal justification.
(5) (i) , Fla. Stat, (1981).
found, t!ne existence of this aggravating circumstance. (R. 504-505).
Mitigating Circmtances:
defense presented the follming evidence in mitigation:
921.141
The prosecution argued, and the trial court
During the advisory sentencing pmcecding, the
(1) The defmdantls nrrther, Hattie Parker, explained the circ=umstanc@s
of the defendant's upbringing, including that they had a very close
fdly to which the defendant contributed his share of "&me$''
(T. 2231-2232);
that the defendant's father was an alcoholic who beat
his mther in the defendant's presence (T. 2322-2323); and that the
defendant's father began giving the defendant alcoholic beverages and
taking him to bars at an early age (T, 232323241,
the defendant began datihg Elainer his exdfe, when he was 14 years old
and Elaine was 16 years old, (T. 2325),
Page -77-
She testified that
?he defendant married Elaine when