Hurst v. State (2002)

With regard to mitigating circumstances, "A trial court may reject a claim that a mitigating circumstance has been proven provided that the record contains competent, substantial evidence to support the rejection." Hurst v. State, 819 So.2d 689, 697 (Fla.2002); see also Mansfield v. State, 758 So.2d 636, 646 (Fla.2000).

They also went to a pawn shop where Hurst saw some rings he liked, and after returning to Smith’s house for the stolen money, Hurst returned to the shop and purchased the three rings for $300. . . . -6- The police interviewed Smith and searched a garbage can in Smith’s yard where they found a coin purse that contained the victim’s driver’s license and other property, a bank bag marked with “Popeye’s” and the victim’s name, a bank deposit slip, a sock with blood stains on it,…

See Spann v. State, 857 So.2d 845, 859 (Fla.2003) (“[T]he weight assigned to a mitigating circumstance is within the trial court’s discretion and subject to the abuse of discretion standard.”); see also Caballero v. State, 851 So.2d 655, 661 (Fla.2003) (“The determination of whether age is a mitigating factor depends on the circumstances of each case, and is within the trial court’s discretion.”); Hurst v. State, 819 So.2d 689, 697-98 (Fla.2002) (“[Wjhere the defendant is no…

Thus, there is sufficient evidence to affirm Martin’s conviction for first- degree murder. - 23 - Proportionality of Martin’s Death Sentence “Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So. 2d 689, 700 (Fla. 2002).

Hurst, 819 So.2d at 692-94 (footnotes omitted).

Cf. Wilcox v. State, 143 So. 3d 359, 384-86 (Fla. 2014) (reversing a finding of the avoid arrest aggravator because the evidence failed to demonstrate that the dominant motive for the murder was to avoid arrest); Green, 975 So. 2d at 1086-88 (same); Jones, 963 - 82 - So. 2d at 186-87 (same); Hurst v. State, 819 So. 2d 689, 695-96 (Fla. 2002) (same); Connor v. State, 803 So. 2d 598, 610 (Fla. 2001) (same); Geralds v. State, 601 So. 2d 1157, 1164 (Fla. 1992) (same); Cook v. St…

“Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

“Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

Proportionality “Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

Proportionality In Scott v. State, 66 So.3d 923 (Fla.2011), this Court described its obligation with regard to a proportionality review: “Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

We find no error. “[A] trial court’s written order must carefully evaluate each mitigating circumstance offered by the defendant, decide if it has been established, and assign it a proper weight.” Hurst v. State, 819 So.2d 689, 697 (Fla.2002) (citing Campbell v. State, 571 So.2d 415, 419 (Fla.1990)).

“Due to the uniqueness and finality of death, this Court addresses the propriety of all death sentences in a proportionality review.” Hurst v. State, 819 So.2d 689, 700 (Fla.2002).

“Determining whether a mitigating circumstance exists and the weight to be given to existing mitigating circumstances are matters within the discretion of the sentencing court.” Hurst v. State, 819 So.2d 689, 697 (Fla.2002) (citing Campbell v. State, 571 So.2d 415, 420 (Fla.1990)).

Cf. Hurst v. State, 819 So.2d 689, 699 (Fla.2002) (concluding that trial court's rejection of good family background as mitigating circumstance was harmless given the severity of aggravators). 2.

Instead, the trial judge is to evaluate the defendant's age based on the evidence adduced at trial and at the sentencing hearing. '" Hurst v. State, 819 So.2d 689, 697-98 (Fla.2002) (emphasis supplied) (quoting Shellito v. State, 701 So.2d 837, 843 (Fla.1997)).

See, e.g., Philmore v. State, 820 So.2d 919, 925 (Fla.2002) (affirming death sentence where trial court found five aggravating circumstances including prior violent felony, CCP, and pecuniary gain and eight nonstatutory mitigating circumstances); Hurst v. State, 819 So.2d 689, 701-02 (Fla. 2002) (affirming death sentence where defendant had robbed fast food store and two aggravators outweighed mitigation); Franqui v. State, 804 So.2d 1185, 1198 (Fla.2001) (affirming death se…

Moreover, we have recently stated, "[T]he trial court's conclusions as to the weight of mitigating circumstances will be sustained by this Court if the conclusions are supported by sufficient evidence in the record." Hurst v. State, 819 So.2d 689, 697 (Fla.2002) (citing Mansfield v. State, 758 So.2d 636, 646 (Fla.2000), and Ferrell v. State, 653 So.2d 367, 371 (Fla.1995)).

See 819 So. 2d 689 , 692– 694 (Fla. 2002).

See 819 So.2d 689 , 692-694 (Fla.2002).

See Hurst v. State, 819 So.2d 689, 698 (Fla. 2002) (holding that the evidence did not support a finding that a non-minor suffered from mental and emotional problems sufficient to warrant age as a mitigator and noting that Hurst owned his own car, performed adequately in school, and helped with child care within his family")).

See Hurst v. State, 819 So.2d 689, 697 (Fla.2002) (citing Campbell for the proposition that written sentencing orders must "carefully evaluate each mitigating circumstance offered by the defendant, decide if it has been established, and assign it a proper weight"); Woodel v. State, 804 So.2d 316, 327 (Fla.2001) (deeming a sentencing order insufficient due, in part, to the trial court's failure to assign individualized weights to aggravators and mitigators).

See Hurst v. State, 819 So.2d 689, 698 (Fla.2002) (holding that the evidence did not support a finding that a non-minor suffered from mental and emotional problems sufficient to warrant age as a mitigator and noting that Hurst owned his own car, performed adequately in school, and helped with child care within his family).