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Florida Statute 921.141 | Lawyer Caselaw & Research
F.S. 921.141 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.141
921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.
(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors as provided in chapter 913 to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating factors enumerated in subsection (6) and for which notice has been provided pursuant to s. 782.04(1)(b) or mitigating circumstances enumerated in subsection (7). Any such evidence that the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. The state and the defendant or the defendant’s counsel shall be permitted to present argument for or against sentence of death.
(2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.This subsection applies only if the defendant has not waived his or her right to a sentencing proceeding by a jury.
(a) After hearing all of the evidence presented regarding aggravating factors and mitigating circumstances, the jury shall deliberate and determine if the state has proven, beyond a reasonable doubt, the existence of at least one aggravating factor set forth in subsection (6).
(b) The jury shall return findings identifying each aggravating factor found to exist. A finding that an aggravating factor exists must be unanimous. If the jury:
1. Does not unanimously find at least one aggravating factor, the defendant is ineligible for a sentence of death.
2. Unanimously finds at least one aggravating factor, the defendant is eligible for a sentence of death and the jury shall make a recommendation to the court as to whether the defendant shall be sentenced to life imprisonment without the possibility of parole or to death. The recommendation shall be based on a weighing of all of the following:
a. Whether sufficient aggravating factors exist.
b. Whether aggravating factors exist which outweigh the mitigating circumstances found to exist.
c. Based on the considerations in sub-subparagraphs a. and b., whether the defendant should be sentenced to life imprisonment without the possibility of parole or to death.
(c) If at least eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of death. If fewer than eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of life imprisonment without the possibility of parole.
(3) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.
(a) If the jury has recommended a sentence of:
1. Life imprisonment without the possibility of parole, the court shall impose the recommended sentence of life.
2. Death, and at least eight jurors recommend a sentence of death, the court, after considering each aggravating factor found by the jury and all mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may consider only an aggravating factor that was unanimously found to exist by the jury. The court may impose a sentence of death only if the jury unanimously finds at least one aggravating factor beyond a reasonable doubt.
(b) If the defendant waived his or her right to a sentencing proceeding by a jury, the court, after considering all aggravating factors and mitigating circumstances, may impose a sentence of life imprisonment without the possibility of parole or a sentence of death. The court may impose a sentence of death only if the court finds that at least one aggravating factor has been proven to exist beyond a reasonable doubt.
(4) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.In each case in which the court imposes a sentence of life imprisonment without the possibility of parole or death, the court shall, considering the records of the trial and the sentencing proceedings, enter a written order addressing the aggravating factors set forth in subsection (6) found to exist, the mitigating circumstances in subsection (7) reasonably established by the evidence, whether there are sufficient aggravating factors to warrant the death penalty, and whether the aggravating factors outweigh the mitigating circumstances reasonably established by the evidence. The court must include in its written order the reasons for not accepting the jury’s recommended sentence, if applicable. If the court does not issue its order requiring the death sentence within 30 days after the rendition of the judgment and sentence, the court shall impose a sentence of life imprisonment without the possibility of parole in accordance with s. 775.082.
(5) REVIEW OF JUDGMENT AND SENTENCE.The judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida and disposition rendered within 2 years after the filing of a notice of appeal. Such review by the Supreme Court shall have priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court.
(6) AGGRAVATING FACTORS.Aggravating factors shall be limited to the following:
(a) The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation.
(b) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.
(c) The defendant knowingly created a great risk of death to many persons.
(d) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery; sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.
(e) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(f) The capital felony was committed for pecuniary gain.
(g) The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(h) The capital felony was especially heinous, atrocious, or cruel.
(i) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.
(j) The victim of the capital felony was a law enforcement officer engaged in the performance of his or her official duties.
(k) The victim of the capital felony was an elected or appointed public official engaged in the performance of his or her official duties if the motive for the capital felony was related, in whole or in part, to the victim’s official capacity.
(l) The victim of the capital felony was a person less than 12 years of age.
(m) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.
(n) The capital felony was committed by a criminal gang member, as defined in s. 874.03.
(o) The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21 or a person previously designated as a sexual predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, and was committed against the petitioner who obtained the injunction or protection order or any spouse, child, sibling, or parent of the petitioner.
(7) MITIGATING CIRCUMSTANCES.Mitigating circumstances shall be the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The victim was a participant in the defendant’s conduct or consented to the act.
(d) The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.
(e) The defendant acted under extreme duress or under the substantial domination of another person.
(f) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.
(g) The age of the defendant at the time of the crime.
(h) The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty.
(8) VICTIM IMPACT EVIDENCE.Once the prosecution has provided evidence of the existence of one or more aggravating factors as described in subsection (6), the prosecution may introduce, and subsequently argue, victim impact evidence to the jury. Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.
(9) APPLICABILITY.This section does not apply to a person convicted or adjudicated guilty of a capital sexual battery under s. 794.011 or a capital drug trafficking felony under s. 893.135.
History.s. 237a, ch. 19554, 1939; CGL 1940 Supp. 8663(246); s. 119, ch. 70-339; s. 1, ch. 72-72; s. 9, ch. 72-724; s. 1, ch. 74-379; s. 248, ch. 77-104; s. 1, ch. 77-174; s. 1, ch. 79-353; s. 177, ch. 83-216; s. 1, ch. 87-368; s. 10, ch. 88-381; s. 3, ch. 90-112; s. 1, ch. 91-270; s. 1, ch. 92-81; s. 1, ch. 95-159; s. 5, ch. 96-290; s. 1, ch. 96-302; s. 7, ch. 2005-28; s. 2, ch. 2005-64; s. 27, ch. 2008-238; s. 25, ch. 2010-117; s. 1, ch. 2010-120; s. 3, ch. 2016-13; s. 49, ch. 2016-24; s. 1, ch. 2017-1; s. 129, ch. 2019-167; s. 1, ch. 2023-23; s. 4, ch. 2023-25.
Note.Former s. 919.23.

F.S. 921.141 on Google Scholar

F.S. 921.141 on Casetext

Amendments to 921.141


Arrestable Offenses / Crimes under Fla. Stat. 921.141
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.141.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS, v. STATE, 268 So. 3d 958 (Fla. App. Ct. 2019)

. . . See § 921.141, Fla. Stat. . . . See § 921.141(3)(a)(2), Fla. Stat. (2017) ("If the jury has recommended a sentence of ... . . .

TOOLE, v. STATE, 270 So. 3d 371 (Fla. App. Ct. 2019)

. . . . § 921.141(1) (2014) ("Any such evidence which the court deems to have probative value may be received . . .

FOSTER, v. STATE, 260 So. 3d 174 (Fla. 2018)

. . . of a kidnapping; (11) a new trial is warranted because of prosecutorial misconduct; and (12) section 921.141 . . .

DAMAS, v. STATE, 260 So. 3d 200 (Fla. 2018)

. . . Section 921.141(5)(d), Florida Statutes (2004), lists sexual battery-not sexual battery upon a child . . .

T. RIVERA, v. STATE, 260 So. 3d 920 (Fla. 2018)

. . . [n.4] § 921.141(5)(b), (d), (h), (i), Fla. . . . [n.5] § 921.141(6)(b), Fla. . . . See § 921.141(1), Fla. Stat. (2018). . . .

JIMENEZ, s v. L. JONES, s, 261 So. 3d 502 (Fla. 2018)

. . . sentence or resentencing under chapters 2016-13 and 2017-1, Laws of Florida, which revised section 921.141 . . .

FOSTER, v. STATE, 258 So. 3d 1248 (Fla. 2018)

. . . See Hurst , 202 So.3d at 57 ; § 921.141(2), Fla. Stat. (2018) ; ch. 2017-1, Laws of Fla. . . . Foster defines as "murder plus the ... elements the jury is required to find unanimously under revised § 921.141 . . . first-degree murder, but the specific unanimous penalty phase findings set forth in Hurst ; section 921.141 . . . revised to incorporate the Hurst requirements; and chapter 2017-1, Laws of Florida, which amended section 921.141 . . . Moreover, section 921.141(1), "Separate Proceedings on Issue of Penalty," begins as follows: "Upon conviction . . .

TISDALE, v. STATE, 257 So. 3d 357 (Fla. 2018)

. . . At the time, section 921.141(3), Florida Statutes (2015), authorized a trial judge to impose a death . . . See § 921.141(2) - (3), Fla. Stat. (2016). . . . jurors voting to recommend the death penalty, the trial court imposed a death sentence under section 921.141 . . .

SPENCER, v. STATE, 259 So. 3d 712 (Fla. 2018)

. . . Spencer , 691 So.2d at 1063 (citing § 921.141(5)(b), (h), Fla. Stat. (1993) ). . . . (citing § 921.141(6)(b), (f), Fla. Stat. (1993) ). . . .

LOWE, v. STATE, 259 So. 3d 23 (Fla. 2018)

. . . independently weigh the aggravating and mitigating circumstances and thus did not comply with section 921.141 . . .

P. GORZYNSKI, DOC v. STATE, 255 So. 3d 990 (Fla. App. Ct. 2018)

. . . Section 921.141(1), Florida Statutes (2015), states that in a sentencing proceeding for a capital felony . . . 397 So.2d 910, 918 (Fla. 1981) (rejecting separation of powers constitutional challenge that section 921.141 . . . attempts to govern practice and procedure, remarking that " section 921.141, Florida Statutes (1977) . . .

J. ZAKRZEWSKI, II, v. STATE, 254 So. 3d 324 (Fla. 2018)

. . . See § 921.141, Fla. Stat. (2018). Hitchcock v. . . .

STATE v. KWITOWSKI, Jr., 250 So. 3d 210 (Fla. App. Ct. 2018)

. . . section 775.082(1), the statute that makes the death penalty available for capital felonies, and section 921.141 . . .

STATE v. M. CHANTILOUPE,, 248 So. 3d 1191 (Fla. App. Ct. 2018)

. . . intent to seek the death penalty: (b) In all cases under this section, the procedure set forth in s. 921.141 . . . See, e.g. , §§ 775.082, 921.141(1), Fla. Stat. (2017). Second, we turn to Rule 3.181. . . .

AKINS, v. STATE, 247 So. 3d 687 (Fla. App. Ct. 2018)

. . . Akins was intellectually disabled, and (c) whether there were mental health mitigators under section 921.141 . . .

IN RE STANDARD CRIMINAL JURY INSTRUCTIONS IN CAPITAL CASES., 244 So. 3d 172 (Fla. 2018)

. . . jury instructions were also warranted in light of chapter 2017-1, Laws of Florida, amending section 921.141 . . . 1236] and amended in 2018. 7.1 1 0 PRELIMINARY INSTRUCTIONS IN PENALTY PROCEEDINGS - CAPITAL CASES § 921.141 . . . Aggravating factors. § 921.141(6), Fla. Stat. . . . Check § 921.141(6)(d), Fla. Stat., for any change in list of offenses. 5. . . . Mitigating circumstances. § 921.141(7), Fla. Stat. . . .

CRAIN, Jr. v. STATE, 246 So. 3d 206 (Fla. 2018)

. . . See § 921.141(5)(d), Fla. Stat. (1997) (including "any: ... kidnapping"). . . .

STATE v. P. SMITH,, 251 So. 3d 807 (Fla. 2018)

. . . existence of six statutory aggravators: (1) Smith committed the felony while he was on probation, see § 921.141 . . . (significant weight); (3) the murder was committed for the purpose of avoiding lawful arrest, see § 921.141 . . . Stat. (2003) (great weight); (4) the murder was especially heinous, atrocious or cruel (HAC), see § 921.141 . . . Stat. (2003) (great weight); (5) the murder was cold, calculated, and premeditated (CCP), see § 921.141 . . . Stat. (2003) (great weight); and (6) the victim was under twelve years of age, see § 921.141(5)(l), Fla . . .

REYNOLDS, v. STATE, 251 So. 3d 811 (Fla. 2018)

. . . , 228 So.3d 1, 16 (Fla. 2017) (Pariente, J., concurring in part and dissenting in part); see also § 921.141 . . . Id. at 857 (quoting § 921.141(2) - (3), Fla. Stat. (1985) ). . . . The excerpted language from section 921.141, Florida Statutes, remained substantively unchanged between . . .

GRIM, v. STATE, 244 So. 3d 147 (Fla. 2018)

. . . ; (2) hard-working employee; and (3) mental health problems that did not reach the level of section 921.141 . . .

HUTCHINSON, v. STATE, 243 So. 3d 880 (Fla. 2018)

. . . denying Hutchinson's motion for a new trial; (7) whether the trial court erred in considering section 921.141 . . .

VICTORINO, v. STATE, 241 So. 3d 48 (Fla. 2018)

. . . recommend a sentence of death before the trial judge may consider imposing a sentence of death, see § 921.141 . . .

KIRKMAN, v. STATE, 233 So. 3d 456 (Fla. 2018)

. . . .; see also § 921.141(2)(c), Fla. Stat. (2016). . . .

ELLERBEE, Jr. v. STATE Jr. v. L., 232 So. 3d 909 (Fla. 2017)

. . . denying Ellerbee’s motion for special verdict forms; (8) whether the felony murder aggravator in section 921.141 . . .

D. SUGGS, v. STATE, 238 So. 3d 699 (Fla. 2017)

. . . Suggs's sentence to life, arguing that she not only deferred to the jury's vote, contrary to section 921.141 . . .

LAMBRIX, v. SECRETARY, DOC,, 872 F.3d 1170 (11th Cir. 2017)

. . . . § 921.141 (2017). . . . ’s failure to give retroactive effect to (1) Chapter 2017-1, a revised version of Florida Statute § 921.141 . . . Stat. § 921.141 do not apply retroactively to Lambrix—violates his rights to Due Process, Equal Protection . . .

PITTMAN, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 871 F.3d 1231 (11th Cir. 2017)

. . . . § 921.141(6)(h); that Pittman had committed the murders having a previous conviction for a felony involving . . . Stat. § 921.141 (6) (b); and that the murders were committed after Pittman had committed two previous . . . Stat. § 921.141(6)(b)—i.e. the other two murders. Pittman I, 646 So.2d at 169 n.1. . . .

COVINGTON, v. STATE, 228 So. 3d 49 (Fla. 2017)

. . . See § 921.141(6)(b), Fla. . . . ."); § 921.141(6)(f), Fla. . . . Application of the “Particularly Vulnerable” Aggravator Section 921.141(5)(m), Florida Statutes (2014 . . . required to review the judgment of conviction in all cases in which a sentence of death was imposed. § 921.141 . . . The same aggravating factor is now found in section 921.141(6)(m), Florida Statutes (2016). . . . .

AYALA, v. SCOTT,, 224 So. 3d 755 (Fla. 2017)

. . . See § 921.141(1), Fla. Stat. (2017); § 775.082(l)(a), Fla. Stat. (2017). . . . . § 921.141(1). . . . death if the proceeding held to determine sentence according to the procedure set forth in [section] 921.141 . . . See generally § 921.141, Fla. . . .

ASAY, v. STATE v. L., 224 So. 3d 695 (Fla. 2017)

. . . . —, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), holding, in relevant part, that sections 775.082(1) and 921.141 . . .

G. JEFFRIES, Jr. v. STATE, 222 So. 3d 538 (Fla. 2017)

. . . Steele, 921 So.2d 538, 545-46 (Fla. 2005) (explaining that section 921.141, Florida Statutes, requires . . .

WILLACY, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 703 F. App'x 744 (11th Cir. 2017)

. . . . § 921.141(6)(b) (now codified at§ 921.141(7)(b)). . . . .

J. BAILEY, v. L. JONES,, 225 So. 3d 776 (Fla. 2017)

. . . Bailey, 998 So.2d at 551; see § 921.141(6), Fla. Stat. (2008). . . .

OATS, Jr. v. L. JONES,, 220 So. 3d 1127 (Fla. 2017)

. . . Pursuant to section 921.141, Florida Statutes (2016), once a defendant is convicted of first-degree murder . . . See § 921.141(3), Fla. Stat. (2016); Hurst, 202 So.3d at 51. . . .

SNELGROVE, v. STATE v. L., 217 So. 3d 992 (Fla. 2017)

. . . the guilt phase for failing to request a colloquy regarding Snelgrove’s right to testify; (5) section 921.141 . . . was ineffective for failing to raise on direct appeal several constitutional challenges to section 921.141 . . .

COZZIE, v. STATE, 225 So. 3d 717 (Fla. 2017)

. . . See § 921.141(1), Fla. Stat. . . . Subsequently, the Florida Legislature enacted section 921.141(7), which permits the prosecution to introduce . . . individual human being and the resultant loss to the community’s members, by the victim’s death,” § 921.141 . . .

MARSHALL, v. L. JONES,, 226 So. 3d 211 (Fla. 2017)

. . . the trial court cursorily stated: Sufficient aggravating circumstances exist as enumerated in section 921.141 . . .

W. TUNDIDOR, v. STATE, 221 So. 3d 587 (Fla. 2017)

. . . . § 921.141(7)(g), Fla. Stat. . . .

IN RE STANDARD CRIMINAL JURY INSTRUCTIONS IN CAPITAL CASES, 214 So. 3d 1236 (Fla. 2017)

. . . In light of changes to section 921.141, Florida Statutes, made by the Legislature in 2016 and recently . . . penalty cannot be imposed unless at least one aggravating factor is proven beyond a reasonable doubt. § 921.141 . . . The jury’s decision ás to each aggravator, of course, must be unanimous. § 921.141(2)(b), Fla. . . . Section 921.141 requires the jury to "return findings identifying each aggravating factor found to exist . . . .” § 921.141(2)(b), Fla. . . . .; see § 921.141(2), Fla. Stat. (2016); see also Perry v. State, 41 Fla. L. . . . (Signature of foreperson') 7.11 PRELIMINARY INSTRUCTIONS IN PENALTY PROCEEDINGS — CAPITAL CASES §921.141 . . . 1146 So. 3d 11101. and 2017. 7.11 (al FINAL INSTRUCTIONS IN PENALTY PROCEEDINGS — CAPITAL CASES ■ $921.141 . . . Check 921.141 (6)(d). Fla. Stat. for any change in list of offenses. 5. . . .

BRADLEY, v. STATE, 214 So. 3d 648 (Fla. 2017)

. . . in the penalty phase so long as the defendant has an opportunity to rebut the evidence under section 921.141 . . .

R. JACKSON, v. STATE, 213 So. 3d 754 (Fla. 2017)

. . . .; see § 921.141, Fla. Stat. (2007). . . . Rather, Florida requires a judge to find these facts. [§ 921.141(3), Fla. Stat.]. . . . only the statutes in effect at the time his sentence was issued, which were sections 775.082(1) and 921.141 . . . ) That there are insufficient mitigating circumstances to outweigh the aggravating circumstances. § 921.141 . . . Florida only invalidated those provisions of section 921.141 that permitted judicial factfinding rather . . .

O. BAKER, v. STATE O. v. L., 214 So. 3d 530 (Fla. 2017)

. . . from interviewing jurors is .unconstitutional under the federal and state constitutions; (3) section 921.141 . . .

MCINERNEY, v. STATE, 213 So. 3d 933 (Fla. Dist. Ct. App. 2017)

. . . See § 921.141(1), Fla. Stat. (2015). . . .

SAMPSON, v. STATE, 213 So. 3d 1090 (Fla. Dist. Ct. App. 2017)

. . . See § 921.141(6)(h), Fla. Stat. (2004). . . .

MIDDLETON, v. STATE, 220 So. 3d 1152 (Fla. 2017)

. . . I.Section 921.141(5)(i), Florida Statutes (2009) Middleton claims that the CCP aggravator is unconstitutionally . . . K.Section 921.141 (5)(d), Florida Statutes (2009) Middleton argues that the felony murder aggravator . . .

JONES, v. STATE, 212 So. 3d 321 (Fla. 2017)

. . . due to Jones’s lack of cooperation, he was unable to offer an opinion as to whether—under sections 921.141 . . . Danziger did state that, based on the testimony of Jones’s brothers, he would offer—-under section 921.141 . . .

EVANS, v. STATE v., 213 So. 3d 856 (Fla. 2017)

. . . Specifically, section 3 of the Act amends sections 921.141(2) and (3), Florida Statutes, to include the . . . this Court explained that “Consistent with our decision in Hurst, we construe [this amended] section 921.141 . . . Perry, id. at S453, 210 So.3d at at 640, also concluded that the provision of the Act amending section 921.141 . . . Importantly, however, the provision of the Act identified as problematic in Perry, which amends section 921.141 . . . recommendation to the court shall be a sentence of life imprisonment without the possibility of parole. § 921.141 . . . Even after striking subsection 921.141(2)(c) as amended, the Act still requires a jury to find the existence . . . Moreover, the requirement that the jury issue a sentencing recommendation remains intact in subsection 921.141 . . . conclude that the Act’s 10-2 requirement for the jury’s final recommendation of death—found in sections 921.141 . . . Subsection 921.141(2)(c) currently provides: If at least 10 jurors determine that the defendant should . . .

D. HALL, v. STATE D. v. L., 212 So. 3d 1001 (Fla. 2017)

. . . Petition for Writ of Habeas Corpus Constitutionality of Section 921.141, Florida Statutes (2008) In his . . . asserts that appellate counsel was ineffective for failing to challenge the constitutionality of section 921.141 . . .

KACZMAR, III, v. STATE, 228 So. 3d 1 (Fla. 2017)

. . . See § 921.141(5)(b), (h) (2009). . . .

L. KING, v. STATE, 211 So. 3d 866 (Fla. 2017)

. . . beyond a reasonable doubt: (1) the murder was especially heinous, atrocious, and cruel (HAC), section 921.141 . . . Statutes (2007) (great weight); (2) the murder was cold, calculated, and premeditated (CCP), section 921.141 . . . (5)(i) (great weight); (3) the murder was committed for the purpose of avoiding arrest, section 921.141 . . . his conduct or conform his conduct to the requirements of the law was substantially impaired, section 921.141 . . . (6)(f) (moderate weight); and (2) his age (thirty-six), section 921.141(6)(g) (little weight). . . .

ALLSTATE INSURANCE COMPANY, v. ORTHOPEDIC SPECIALISTS,, 212 So. 3d 973 (Fla. 2017)

. . . 143 So.3d 907, 908-09 (Fla. 2014) (explaining that because the Legislature has mandated in section 921.141 . . .

CALLOWAY, v. STATE, 210 So. 3d 1160 (Fla. 2017)

. . . Stat. (1997) (great weight); capital felony committed in the course of a kidnapping, § 921.141(5)(d) . . . (great weight); capital felony committed for the purpose of avoiding arrest, § 921.141(5)(e) (great weight . . . ); capital felony committed for pecuniary gain, § 921.141(5)(f) (great weight); capital felony was heinous . . . , atrocious, or cruel (HAC), § 921.141(5)(h) (exceptionally great weight); and capital felony was committed . . . in a cold, calculated, and premeditated manner (CCP), § 921.141(B)(i) (extremely great weight). . . .

STATE v. QUINONES,, 216 So. 3d 662 (Fla. Dist. Ct. App. 2017)

. . . manifest our agreement with Petitioner’s succinct argument: [Sjubsection (2)(c) can be severed from § 921.141 . . . In this case, the provision declared unconstitutional does not taint the remainder of § 921.141(2) such . . . question to the Florida Supreme Court as one of great public importance: CAN AND SHOULD SUBSECTION 921.141 . . .

WILLIAMS, v. STATE, 209 So. 3d 543 (Fla. 2017)

. . . These statements mainly reflect what is stated in section 921.141(1), Florida Statutes (2010), which' . . . See § 921.141, Fla. Stat. (2015), invalidated by Hurst v. . . .

B. GASKIN, v. STATE, 218 So. 3d 399 (Fla. 2017)

. . . Gaskin also filed a separate motion to declare unconstitutional section 921.141, Florida Statutes, broadly . . . Florida and Hurst, Gaskin argued that section 921.141 is facially unconstitutional because the “jury . . . June 5, 1990), at 7 (“Section 921.141 ... is unconstitutional on its face because the jury recommendation . . . June 5, 1990), at 4 ("Section 921.141 ... is unconstitutional on its face because a jury recommendation . . . of life in prison need not be followed by the trial court judge.”); id at 5 ("Section 921.141 ... is . . .

STATE v. GONZALEZ,, 207 So.3d 385 (Fla. Dist. Ct. App. 2017)

. . . The State has petitioned for a writ of certiorari to quash a trial court order declaring that section 921.141 . . . Those cases establish that section 921.141 is unconstitutional insofar as it permits imposition of a . . . 2016), in which it held that the capital sentencing procedures established by sections 775.082(1) and 921.141 . . . Gonzalez responded with a pretrial motion seeking a declaration that section 921.141 is unconstitutional . . . Gonzalez’s motion that declared section 921.141 unconstitutional. . . .

SIMMONS, v. STATE, 207 So.3d 860 (Fla. 2016)

. . . Pursuant to section 921.141, Florida Statutes (2003), the trial court found three aggravating factors . . . CANADY and POLSTON, JJ., dissent. .See § 921.141(6)(b), Fla. Stat. . . . committed while the defendant was under the influence of extreme mental or emotional disturbance); § 921.141 . . .

ASAY, v. STATE v. L. v. L., 210 So. 3d 1 (Fla. 2016)

. . . . § 921.141(1) (2010). . . . . § 921.141(2). . . . .” § 921.141(3). . . . Stat. § 921.141(3). . . . Asay, on the other hand, asserts that under section 921.141, Florida Statutes the jury must find both . . .

F. MOSLEY, v. STATE F. v. L., 209 So. 3d 1248 (Fla. 2016)

. . . Florida, the United States Supreme Court declared our capital sentencing scheme, codified at section 921.141 . . . Stat. § 921.141(3) [2015]. . . .

KELSEY, v. STATE, 206 So.3d 5 (Fla. 2016)

. . . Graham during resentencing, expressly considered some of the sentencing factors now codified in section 921.141 . . .

STATE v. GAITER,, 207 So.3d 339 (Fla. Dist. Ct. App. 2016)

. . . a writ of certiorari to review a pretrial decision declaring Florida’s new death penalty statute, § 921.141 . . .

McCLOUD, v. STATE, 208 So. 3d 668 (Fla. 2016)

. . . See § 921.141(1), Fla. . . .

HURST, v. STATE, 202 So. 3d 40 (Fla. 2016)

. . . See §§ 921.141(5)(d), (h), Fla. Stat. (2012). . . . See §§ 921.141(6)(a), (g), Fla. Stat. (2012). . . . (quoting § 921.141(3), Fla. Stat. (2012)). The Supreme Court was explicit in Hurst v. . . . See § 921.141(3), Fla. Stat. (2012); § 775.082(1), Fla. Stat. (2012). . . . . See § 921.141(3), Fla. Stat. (2012). . . . .

PERRY, v. STATE, 210 So. 3d 630 (Fla. 2016)

. . . (quoting § 921.141(3), Fla. Stat. (2012)). The Supreme Court was explicit in Hurst v. . . . Id. § 921.141(2)(b)l. . . . Compare § 921.141(2)(c), Fla. . . . Id. § 921.141(3)(a) 1. . . . . § 921.141(3)(a) 2. . . . See § 921.141(2)(a)-(b), Fla. Stat. (2016). . . .

O. ARBELAEZ, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 662 F. App'x 713 (11th Cir. 2016)

. . . . § 921.141(5)(d), (h), (i) (1989). . . . Id. § 921.141(6)(a). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 200 So. 3d 758 (Fla. 2016)

. . . In all proceedings based on section 921.141, Florida Statutes, the state and defendant will be permitted . . .

JONES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 834 F.3d 1299 (11th Cir. 2016)

. . . , id., § 921.141(5)(d); and (3) the murder was especially heinous, atrocious, or cruel, id., § 921.141 . . . Stat. § 921.141(6)(f) (1991); and, as non-statutory mitigating circumstances, (2) Jones suffered from . . . Stat. § 921.141(6)(b) (1991). In addition, Dr. . . . See id., § 921.141(6)(f). . . . substantially impaired, id. § 921.141(6)(f). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 199 So. 3d 234 (Fla. 2016)

. . . because the form is no longer usable in light of the amendment to the death penalty statute, section 921.141 . . .

STATE v. JONES, v. v. v., 209 So. 3d 6 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(1)(a) (establishing first-degree murder as a capital offense), 775.082(1), 921.141(1), . . . sentence — life imprisonment or death — only after a defendant has been convicted of a capital crime. § 921.141 . . . jury’s mere recommendation is not enough” — the Court also struck down subparts (2) and (3) of section 921.141 . . . (emphasis added)); § 921.141(2), (3) (providing that after the jury renders its “advisory sentence” as . . . Section 921.141(2), (3) did not change between 2010 and 2014. . . . .

BRANT, v. STATE v. L., 197 So. 3d 1051 (Fla. 2016)

. . . The three statutory mitigating circumstances specifically enumerated in section 921.141(6), Florida Statutes . . .

MULLENS, v. STATE, 197 So. 3d 16 (Fla. 2016)

. . . .”); see also § 921.141(1), Fla. . . . See § 921.141(1), Fla. Stat. . . . with respect .to each murder: (1) Mullens had been convicted of prior violent felonies under section 921.141 . . . murder of Barton); (2) the capital felonies were committed during the course of a robbery, section 921.141 . . . for the purpose of avoiding lawful arrest, section 921.141(5)(e). . . . conduct or conform his conduct to the requirements of the law was substantially -impaired, section 921.141 . . . See § 921.141(1), Fla. Stat. (2008). . . .

STATE v. BRIGHT,, 200 So. 3d 710 (Fla. 2016)

. . . had previously been convicted of a felony involving the use or threat of violence to the person, § 921.141 . . . had previously been convicted of a felony involving the use or threat of violence to the person, § 921.141 . . . other victim) (great weight); and (3) the murder was especially heinous, atrocious, or cruel (HAC), § 921.141 . . . were committed while Bright was under the influence of an extreme mental or emotional disturbance, § 921.141 . . .

ATWELL, v. STATE, 197 So. 3d 1040 (Fla. 2016)

. . . parole, unless the proceeding held to determine sentence according to the procedure set forth in section 921.141 . . . punished by death if the proceeding held to determine sentence according' to the procedure set forth in s. 921.141 . . .

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . of guilty, prior to adjudication and sentencing, constituted a “conviction” for purposes of section 921.141 . . . if a death sentence should be imposed, a court must consider the circumstances set forth in section 921.141 . . . Section 921.141(5)(b), Florida Statutes (1975). . . . .

W. CLARK, Jr. v. ATTORNEY GENERAL, FLORIDA,, 821 F.3d 1270 (11th Cir. 2016)

. . . . § 921.141(6)(b), that the murder of Wiliis was comhiitted during the commission of a robbery, Fla. . . . Stat. § 921.141(6)(d), and that the murder was committed for pecuniary gain, Fla. . . . . § 921.141(6)(f). The opinion also found no statutory mitigating factors.were present. . . . If the judge determines that the death sentence should be imposed, then, in accordance with section 921.141 . . .

ROBERTSON, v. STATE, 187 So. 3d 1207 (Fla. 2016)

. . . considered in aggravation in a capital sentencing proceeding are the circumstances set forth in section 921.141 . . . may not be introduced unless it relates to one of the aggravating circumstances set forth in section 921.141 . . . cold, calculated, and premeditated manner without any pretense of naoral or legal justification,”- § 921.141 . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . parole unless the proceeding held to determine sentence according to the procedure set forth in s. 921.141 . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . of guilty, prior to adjudication and sentencing, constituted a “conviction” for purposes of section 921.141 . . . if a death sentence should be imposed, a court must consider the circumstances set forth in, section 921.141 . . .

ALLRED, v. STATE, 186 So. 3d 530 (Fla. 2016)

. . . Statute Appellant next argues in conclusory fashion that Florida’s capital- sentencing statute, section 921.141 . . .

HURST, v. FLORIDA., 136 S. Ct. 616 (U.S. 2016)

. . . . § 921.141(1) (2010). . . . . § 921.141(2). . . . ." § 921.141(3). . . . Stat. § 921.141(3). . . . Stat. § 921.141(3) (2010). . . . . § 921.141(1) (2010). . . . . § 921.141(2). . . .

KILGORE, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 805 F.3d 1301 (11th Cir. 2015)

. . . . § 921.141(5)(a); and (2) Kilgore had been previously convicted of a felony involving the use or threat . . . Stat. § 921.141(5)(b). Kilgore v. State, 688 So.2d 895, 897 (Fla.1996). (per curiam). . . . Stat. § 921.141(6)(b); and (2) Kilgore’s capacity to conform his conduct to the requirements of law was . . . Stat. § 921.141(6)(f). Kilgore, 688 So.2d at 897. . . .

UNITED STATES v. BRANTLEY,, 803 F.3d 1265 (11th Cir. 2015)

. . . . § 921.141(5)0’) (listing, among the aggravating factors for death-penalty consideration, “The victim . . .

JORDAN, v. STATE, 176 So. 3d 920 (Fla. 2015)

. . . Because Jordan’s crimes were committed on or about June 25, 2009, section 921.141(7), Florida Statutes . . . We find that such testimony does not run afoul of section 921.141(7) or the guidelines in Payne. . . . We hold that such remarks do not violate section 921.141(7) or the guidelines set forth in Payne regarding . . . See § 921.141(6)®, Fla. Stat. (2008). . . . The HAC aggravator is one of the enumerated aggravating circumstances in section 921.141(5), Florida . . .

CANNON, v. STATE, 180 So. 3d 1023 (Fla. 2015)

. . . See § 921.141(5)(a), Fla. Stat. (2010). . . . State, 615 So.2d 688 (Fla.1993). . § 921.141(5)(a), Fla. Stat. (2010). . § 921.141(5)(b), Fla. . . .

HARDWICK, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 803 F.3d 541 (11th Cir. 2015)

. . . . § 921.141(5)(b) (1985). . . . . § 921.141(5)(d); the murder was committed for “pecuniary gain,” see id. § 921.141(5)(f); the murder . . . . § 921.141 refer to the 1985 version of the statute. . . . . Id. § 921.141(6)(g). . . . . Stat. § 921.141 (6)(e), (b). . . .

A. HERNANDEZ, JR. v. STATE A. Jr. v. L., 180 So. 3d 978 (Fla. 2015)

. . . burglary of an occupied dwelling with an assault or battery while armed with a dangerous weapon (§ 921.141 . . . Stat. (2007)); and (4) the murder was especially heinous, atrocious, or cruel (HAC) (§ 921.141(5)(h), . . . See § 921.141(6)(a), Fla. Stat. (2007). . . . See § 921.141(6)(h), Fla. Stat. (2007). . . . See § 921.141(6)(b), Fla. Stat. (2007). Hernandez contends that Dr. . . .

THOMAS, v. ATTORNEY GENERAL, FLORIDA,, 795 F.3d 1286 (11th Cir. 2015)

. . . . § 921.141(5)(b); (2) the murder was committed in the course of a burglary, id. § 921.141(5)(d); (3) . . . the murder was committed for pecuniary gain, id. § 921.141(5)(f); (4) the murder was especially heinous . . . , atrocious, or cruel, id. § 921.141(5)(h); and (5) the murder was committed in a cold, calculated, and . . . premeditated . manner, id. § 921.141(5)(i). . . .

BARWICK, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 794 F.3d 1239 (11th Cir. 2015)

. . . . § 921.141(5). . . .

C. DOTY, v. STATE, 170 So. 3d 731 (Fla. 2015)

. . . In addition, the trial court carefully analyzed each statutory mitigator provided in section 921.141, . . .

CARTER, v. STATE, 175 So. 3d 761 (Fla. 2015)

. . . aggravators, giving great weight to each: (1) prior capital convictions for the contemporaneous murders (§ 921.141 . . . (2005)); (2) that the murders were committed during a burglary as specifically found by the jury (§ 921.141 . . . )); and (3) that the murders were committed in a cold, calculated, and premeditated (CCP) manner (§ 921.141 . . . Section 921.141(6)(b), Fla. Stat. (2005). . Section 921.141 (6)(f), Fla. . . . Stat. (2005). .Section 921.141(5)©, Fla. Stat. (2005). . . . .

Z. BROOKS, v. STATE Z. v. L., 175 So. 3d 204 (Fla. 2015)

. . . prosecutor’s statement is consistent with both the standard advisory sentence jury instruction and section 921.141 . . . Second, this Court has consistently rejected claims that section 921.141(2) and the standard jury instruction . . . stabbing [the child] formed the basis of both the aggravated child abuse aggravating factor under section 921.141 . . .

PRESTON, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 785 F.3d 449 (11th Cir. 2015)

. . . . § 921.141(5)(b); the murder was committed immediately after Preston committed robbery and while he . . . was engaged in the commission of a kidnapping, id. § 921.141(5)(d); the murder was especially heinous . . . premeditated manner, id. § 921.141(5)(i). . . . Stat. § 921.141(5)(d); the murder was committed for the purpose of avoiding arrest, id. § 921.141(5)( . . . , atrocious, or cruel, id. § 921.141(5)(h). . . .

DELGADO, Jr. v. STATE, 162 So. 3d 971 (Fla. 2015)

. . . . § 921.141(5)(b), Fla. . . . . § 921.141(5)0), Fla. . . .

HORSLEY, Jr. v. STATE v. Jr., 160 So. 3d 393 (Fla. 2015)

. . . parole unless the proceeding held to determine sentence according to the procedure set forth in section 921.141 . . .

FALCON, v. STATE, 162 So. 3d 954 (Fla. 2015)

. . . punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 . . .

CAMPBELL, v. STATE, 159 So. 3d 814 (Fla. 2015)

. . . The court found as an aggravating factor under section 921.141(5)(b), Florida Statutes (2013), that the . . . The court also found as an aggravating circumstance under section 921.141(5)(f), Florida Statutes (2013 . . . The third aggravator found by the trial court, under section 921.141(5)(h), Florida Statutes (2013), . . . The fourth aggravator found by the court, under section 921.141(5)(i), Florida Statutes (2013), was that . . . Mitigating Circumstances The trial court found the statutory miti-gator under section 921.141(6)(b), . . .

EVERETT, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 779 F.3d 1212 (11th Cir. 2015)

. . . . § 921.141(5)(a); (2) was committed while Everett was engaged in the commission of a sexual battery . . . or a burglary, id. § 921.141(5)(d); and (3) was especially heinous, atrocious, or cruel, id. § 921.141 . . . (6)(g); (2) the crime was committed while under the influence of some type of substance, id. § 921.141 . . . (6)(b); (3) lack of significant history of prior criminal activity, id. § 921.141(6)(a); and (4) Everett . . . ’s family background and his drug use, id. § 921.141(6)(h). . . .

MILLER, v. STATE v. L., 161 So. 3d 354 (Fla. 2015)

. . . aggravating circumstances is consistent with both the standard advisory sentence jury instruction and section 921.141 . . .

OYOLA, v. STATE, 158 So. 3d 504 (Fla. 2015)

. . . Improper Consideration of Nonstatutory Aggravating Factors Section 921.141, Florida Statutes, governs . . . It is clear that capital sentencing must proceed in accordance with section 921.141, Florida Statutes . . . Oyóla has a full-scale IQ score of 74. . § 921.141(5)(a), Fla. . . . . § 921.141 (5)(d), Fla. Stat. . § 921.141 (5)(h), Fla. Stat. . Leonardo Oyóla is Oyola’s father. . . . . See § 921.141(5), Fla. Stat.; Globe v. State, 877 So.2d 663, 674 (Fla.2004). . . . .

L. CARR, v. STATE, 156 So. 3d 1052 (Fla. 2015)

. . . and that they should have been considered admissible hearsay during the penalty phase under section 921.141 . . . petition for injunction should have been admitted over the State’s hearsay objection because section 921.141 . . . State, 970 So.2d 806, 813-14 (Fla.2007) (“While [section 921.141(1)] ‘relaxes the evidentia-ry rules . . .