Ring claim in Florida

2012See Baker, 71 So.3d at 824 (“[W]e have previously explained that Ring is not implicated when the trial court has found as an aggravating circumstance that the crime was committed in the course of a felony.”); see also Douglas v. State, 878 So.2d 1246, 1263-64 (Fla.2004) (rejecting Ring claim where jury convicted defendant of committing murder during the commission of sexual battery); Caballero v. State, 851 So.2d 655, 663-64 (Fla.2003) (rejecting Ring claim where defendant was convicted by unanimous jury of committing murder during the commission of burglary and kidnapping); Doorbal v. State,

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2008Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting the Ring claim where one of the aggravating factors found by the trial court was the defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003).

2006Cf. Anderson v. State, 863 So.2d 169, 189 (Fla.2003) (rejecting a Ring claim on direct appeal where the jury recommended the death sentence by a unanimous vote and one of the aggravating circumstances found by the trial judge was that the defendant had been convicted of a prior violent felony for the contemporaneous conviction of attempted murder).

2006Cf. Anderson v. State, 863 So.2d 169, 189 (Fla.2003) (rejecting a Ring claim on direct appeal where the jury recommended the death sentence by a unanimous vote and one of the aggravating circumstances found by the trial judge was that the defendant had been convicted of a prior violent felony for the contemporaneous conviction of attempted murder).

2012See, e.g., Deparvine, 995 So.2d at 379 (rejecting defendant’s Ring claim because “it is undisputed that he has prior felony convictions and this Court has held that the existence of such convictions as aggravating factors moots any claim under Ring ”); Frances v. State, 970 So.2d 806, 822 (Fla.2007) (noting that “[t]his Court has repeatedly relied on the presence of the prior violent felony aggravating circumstance in denying Ring claims”).

2010See also Davis v. State, 2 So.3d at 966 (rejecting Ring claim where "prior violent felony" aggravator was based on contemporaneous convictions for murder, and "murder in the course of a felony" aggravator was based on felony murder conviction); Frances v. State, 970 So.2d 806, 822 (Fla.2007) (denying relief where "prior violent felony" aggravator was based on contemporaneous convictions for murder and robbery).

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and "specifically not[ing] that one of the aggravating factors present in this matter is a prior violent felony conviction"); Davis v. State, 875 So.2d 359, 374 (Fla.2003) ("We have denied relief in direct appeals where there has been a prior violent felony aggravator."); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a "prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt");

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and “specifically notfing] that one of the aggravating factors present in this matter is a prior violent felony conviction”); Davis v. State, 875 So.2d 359, 374 (Fla.2003) (“We have denied relief in direct appeals where there has been a prior violent felony aggravator.”); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a “prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt”);

2018See Robinson III , 913 So.2d at 528 ; see also Asay , 210 So.3d at 11 n.12 (noting that Asay did not preserve a Ring -like claim).

2018Hitchcock v. State, 226 So.3d 216, 218-19 (Fla. 2017) (Lewis, J., concurring in result); Asay, 210 So.3d at 30 (Lewis, J., concurring in result).

2014Further, in Owen v. Crosby, 854 So.2d 182, 193 (Fla.2003), this Court rejected a Ring challenge where the trial court found as an aggravating circumstance that the defendant committed the murder during the commission of a burglary or sexual battery.

2014Further, in Owen v. Crosby, 854 So.2d 182, 193 (Fla.2003), this Court rejected a Ring challenge where the trial court found as an aggravating circumstance that the defendant committed the murder during the commission of a burglary or sexual battery.

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and "specifically not[ing] that one of the aggravating factors present in this matter is a prior violent felony conviction"); Davis v. State, 875 So.2d 359, 374 (Fla.2003) ("We have denied relief in direct appeals where there has been a prior violent felony aggravator."); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a "prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt");

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and “specifically notfing] that one of the aggravating factors present in this matter is a prior violent felony conviction”); Davis v. State, 875 So.2d 359, 374 (Fla.2003) (“We have denied relief in direct appeals where there has been a prior violent felony aggravator.”); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a “prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt”);

2008Nixon v. State, 932 So.2d 1009, 1024 (Fla.2006) ( Ring is not retroactive to cases that were final when it was issued); Rodgers v. State, 948 So.2d 655, 673 (Fla. 2006) (rejecting Ring claim when one of aggravating factors is prior felony conviction; rejecting that Ring requires aggravators be alleged in indictment and a unanimous jury verdict); Johnson v. State, 904 So.2d 400, 412 (Fla.2005) (holding Ring is not retroactive in Florida); Blackwelder v. State, 851 So.2d 650, 654 (Fla.2003) (aggravating circumstances need not be alleged in indictment or be found by unanimous verdict), cert. deni

2006Furthermore, one of the aggravating circumstances found by the trial court in this case was Hannon's prior conviction of a violent felony, "a factor which under Apprendi and Ring need not be found by the jury." Jones v. State, 855 So.2d 611, 619 (Fla. 2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.2003) (rejecting Ring claim where one of the aggravating circumstances found by the trial judge was defendant's prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003); Johnson v. State, 904 So.2d 400 (Fla.2005) (holding that Ring does n

2018See Robinson III , 913 So.2d at 528 ; see also Asay , 210 So.3d at 11 n.12 (noting that Asay did not preserve a Ring -like claim).

2018See Robinson III , 913 So.2d at 528 ; see also Asay , 210 So.3d at 11 n.12 (noting that Asay did not preserve a Ring -like claim).

2012See Baker, 71 So.3d at 824 (“[W]e have previously explained that Ring is not implicated when the trial court has found as an aggravating circumstance that the crime was committed in the course of a felony.”); see also Douglas v. State, 878 So.2d 1246, 1263-64 (Fla.2004) (rejecting Ring claim where jury convicted defendant of committing murder during the commission of sexual battery); Caballero v. State, 851 So.2d 655, 663-64 (Fla.2003) (rejecting Ring claim where defendant was convicted by unanimous jury of committing murder during the commission of burglary and kidnapping); Doorbal v. State,

2006See Ring, 536 U.S. at 609 , 122 S.Ct. 2428 (finding that the Sixth Amendment right to a jury trial precludes a procedure by which a sentencing judge alone and without a jury finds aggravating factors sufficient to invoke the death penalty); see also Everett v. State, 893 So.2d 1278, 1282 (Fla.2004) (rejecting the defendant's Ring 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.

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and "specifically not[ing] that one of the aggravating factors present in this matter is a prior violent felony conviction"); Davis v. State, 875 So.2d 359, 374 (Fla.2003) ("We have denied relief in direct appeals where there has been a prior violent felony aggravator."); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a "prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt");

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and “specifically notfing] that one of the aggravating factors present in this matter is a prior violent felony conviction”); Davis v. State, 875 So.2d 359, 374 (Fla.2003) (“We have denied relief in direct appeals where there has been a prior violent felony aggravator.”); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a “prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt”);

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and "specifically not[ing] that one of the aggravating factors present in this matter is a prior violent felony conviction"); Davis v. State, 875 So.2d 359, 374 (Fla.2003) ("We have denied relief in direct appeals where there has been a prior violent felony aggravator."); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a "prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt");

2011See, e.g., Smith v. State, 866 So.2d 51, 68 (Fla.2004) (denying relief on Ring claim and “specifically notfing] that one of the aggravating factors present in this matter is a prior violent felony conviction”); Davis v. State, 875 So.2d 359, 374 (Fla.2003) (“We have denied relief in direct appeals where there has been a prior violent felony aggravator.”); Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (stating that the existence of a “prior violent felony conviction alone satisfies constitutional mandates because the conviction was heard by a jury and determined beyond a reasonable doubt”);

2004See Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (holding that "prior violent conviction [aggravator] alone" satisfies the mandate of Ring ), cert. denied, ___ U.S. ___, 124 S.Ct. 1676 , 158 L.Ed.2d 372 (2004); Anderson v. State, 863 So.2d 169, 189 (Fla.2003) (relying in part on unanimous death recommendation and prior violent felony conviction to reject Ring claim), cert. denied, ___ U.S. ___, 124 S.Ct. 1662 , 158 L.Ed.2d 363 (2004); Belcher v. State, 851 So.2d 678, 685 (Fla.) (concluding that aggravators of prior violent felony conviction and murder in the course a felony supported by se

2004See, e.g., Doorbal v. State, 837 So.2d 940, 963 (Fla.) (rejecting Ring claim where one of the aggravating circumstances found by the trial judge was defendant's prior conviction for a violent felony), cert. denied, 539 U.S. 962 , 123 S.Ct. 2647 , 156 L.Ed.2d 663 (2003); Belcher v. State, 851 So.2d 678, 685 (Fla.) (rejecting Ring claim where two of the aggravating circumstances found by the trial judge were defendant's prior violent felony and that the murder was committed in the course of a felony), cert. denied, ___ U.S. ___, 124 S.Ct. 816 , 157 L.Ed.2d 706 (2003). [28] IV.

2017See Alleyne v. United States, 133 S. Ct. 2151 , 2160 n.1 (2013) (recognizing the “narrow exception” created by Almendarez-Torres, but noting that it was not directly at issue in Alleyne); Ring, 536 U.S. at 597 n.4 (noting that Almendarez-Torres was not the subject of Ring’s challenge); Apprendi, 530 U.S. at 489 (“[I]t is arguable that Almendarez-Torres was incorrectly decided . . . .”).

2017See Alleyne v. United States, 133 S. Ct. 2151 , 2160 n.1 (2013) (recognizing the “narrow exception” created by Almendarez-Torres, but noting that it was not directly at issue in Alleyne); Ring, 536 U.S. at 597 n.4 (noting that Almendarez-Torres was not the subject of Ring’s challenge); Apprendi, 530 U.S. at 489 (“[I]t is arguable that Almendarez-Torres was incorrectly decided . . . .”).

2006In rejecting the Ring claim in Butler , the majority simply cited to its decisions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), and King v. Moore, 831 So.2d 143 (Fla.2002).

2006In rejecting the Ring claim in Butler , the majority simply cited to its decisions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), and King v. Moore, 831 So.2d 143 (Fla.2002).

2017See Alleyne v. United States, — U.S. —, 133 S.Ct. 2151 , 2160 n.1, 186 L.Ed.2d 314 (2013) (recognizing the "narrow exception” created by Almendarez-Torres, but noting that it was not directly at issue in Alleyne); Ring, 536 U.S. at 597 n.4, 122 S.Ct. 2428 (noting that Almendarez-Torres was not the subject of Ring's challenge); Apprendi, 530 U.S. at 489 , 120 S.Ct. 2348 ("[I]t is arguable that Almendarez-Torres [v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998)] was incorrectly decided .... ”).

2017See Alleyne v. United States, 133 S. Ct. 2151 , 2160 n.1 (2013) (recognizing the “narrow exception” created by Almendarez-Torres, but noting that it was not directly at issue in Alleyne); Ring, 536 U.S. at 597 n.4 (noting that Almendarez-Torres was not the subject of Ring’s challenge); Apprendi, 530 U.S. at 489 (“[I]t is arguable that Almendarez-Torres was incorrectly decided . . . .”).

2004See Johnston v. State, 863 So.2d 271, 286 (Fla.2003) (holding that "prior violent conviction [aggravator] alone" satisfies the mandate of Ring ), cert. denied, ___ U.S. ___, 124 S.Ct. 1676 , 158 L.Ed.2d 372 (2004); Anderson v. State, 863 So.2d 169, 189 (Fla.2003) (relying in part on unanimous death recommendation and prior violent felony conviction to reject Ring claim), cert. denied, ___ U.S. ___, 124 S.Ct. 1662 , 158 L.Ed.2d 363 (2004); Belcher v. State, 851 So.2d 678, 685 (Fla.) (concluding that aggravators of prior violent felony conviction and murder in the course a felony supported by se

2004See Owen v. Crosby, 854 So.2d 182, 193 (Fla.2003) (rejecting the defendant's Apprendi claim in light of Ring on the basis of Bottoson , but noting that the "during the course of an enumerated felony" and the prior violent felony aggravators "involve[d] circumstances that *618 were submitted to the jury and found to exist beyond a reasonable doubt"); Banks v. State, 842 So.2d 788, 793 (Fla.2003) (denying Ring claim pursuant to Bottoson , but pointing out that the "during the course of an enumerated felony" and the prior violent felony aggravators also justified denying the claim); see also Ande