The 2023 Florida Statutes (including Special Session C)
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. . . See § 921.141, Fla. Stat. . . . See § 921.141(3)(a)(2), Fla. Stat. (2017) ("If the jury has recommended a sentence of ... . . .
. . . . § 921.141(1) (2014) ("Any such evidence which the court deems to have probative value may be received . . .
. . . of a kidnapping; (11) a new trial is warranted because of prosecutorial misconduct; and (12) section 921.141 . . .
. . . Section 921.141(5)(d), Florida Statutes (2004), lists sexual battery-not sexual battery upon a child . . .
. . . [n.4] § 921.141(5)(b), (d), (h), (i), Fla. . . . [n.5] § 921.141(6)(b), Fla. . . . See § 921.141(1), Fla. Stat. (2018). . . .
. . . sentence or resentencing under chapters 2016-13 and 2017-1, Laws of Florida, which revised section 921.141 . . .
. . . 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 . . .
. . . 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 , 691 So.2d at 1063 (citing § 921.141(5)(b), (h), Fla. Stat. (1993) ). . . . (citing § 921.141(6)(b), (f), Fla. Stat. (1993) ). . . .
. . . independently weigh the aggravating and mitigating circumstances and thus did not comply with section 921.141 . . .
. . . 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) . . .
. . . See § 921.141, Fla. Stat. (2018). Hitchcock v. . . .
. . . section 775.082(1), the statute that makes the death penalty available for capital felonies, and section 921.141 . . .
. . . 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 was intellectually disabled, and (c) whether there were mental health mitigators under section 921.141 . . .
. . . 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. . . .
. . . See § 921.141(5)(d), Fla. Stat. (1997) (including "any: ... kidnapping"). . . .
. . . 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 . . .
. . . , 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 . . .
. . . ; (2) hard-working employee; and (3) mental health problems that did not reach the level of section 921.141 . . .
. . . denying Hutchinson's motion for a new trial; (7) whether the trial court erred in considering section 921.141 . . .
. . . recommend a sentence of death before the trial judge may consider imposing a sentence of death, see § 921.141 . . .
. . . .; see also § 921.141(2)(c), Fla. Stat. (2016). . . .
. . . denying Ellerbee’s motion for special verdict forms; (8) whether the felony murder aggravator in section 921.141 . . .
. . . Suggs's sentence to life, arguing that she not only deferred to the jury's vote, contrary to section 921.141 . . .
. . . . § 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 . . .
. . . . § 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. . . .
. . . 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). . . . .
. . . 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. . . .
. . . . —, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), holding, in relevant part, that sections 775.082(1) and 921.141 . . .
. . . Steele, 921 So.2d 538, 545-46 (Fla. 2005) (explaining that section 921.141, Florida Statutes, requires . . .
. . . . § 921.141(6)(b) (now codified at§ 921.141(7)(b)). . . . .
. . . Bailey, 998 So.2d at 551; see § 921.141(6), Fla. Stat. (2008). . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . the trial court cursorily stated: Sufficient aggravating circumstances exist as enumerated in section 921.141 . . .
. . . 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. . . .
. . . in the penalty phase so long as the defendant has an opportunity to rebut the evidence under section 921.141 . . .
. . . .; 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 . . .
. . . from interviewing jurors is .unconstitutional under the federal and state constitutions; (3) section 921.141 . . .
. . . See § 921.141(1), Fla. Stat. (2015). . . .
. . . See § 921.141(6)(h), Fla. Stat. (2004). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 143 So.3d 907, 908-09 (Fla. 2014) (explaining that because the Legislature has mandated in section 921.141 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . . § 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 . . .
. . . Florida, the United States Supreme Court declared our capital sentencing scheme, codified at section 921.141 . . . Stat. § 921.141(3) [2015]. . . .
. . . Graham during resentencing, expressly considered some of the sentencing factors now codified in section 921.141 . . .
. . . a writ of certiorari to review a pretrial decision declaring Florida’s new death penalty statute, § 921.141 . . .
. . . 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). . . . .
. . . (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). . . .
. . . . § 921.141(5)(d), (h), (i) (1989). . . . Id. § 921.141(6)(a). . . .
. . . In all proceedings based on section 921.141, Florida Statutes, the state and defendant will be permitted . . .
. . . , 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). . . .
. . . because the form is no longer usable in light of the amendment to the death penalty statute, section 921.141 . . .
. . . 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. . . . .
. . . The three statutory mitigating circumstances specifically enumerated in section 921.141(6), Florida Statutes . . .
. . . .”); 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . . .
. . . . § 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 . . .
. . . 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 . . .
. . . parole unless the proceeding held to determine sentence according to the procedure set forth in s. 921.141 . . .
. . . 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 . . .
. . . Statute Appellant next argues in conclusory fashion that Florida’s capital- sentencing statute, section 921.141 . . .
. . . . § 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). . . .
. . . . § 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. . . .
. . . . § 921.141(5)0’) (listing, among the aggravating factors for death-penalty consideration, “The victim . . .
. . . 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 . . .
. . . 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. . . .
. . . . § 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). . . .
. . . 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. . . .
. . . . § 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). . . .
. . . . § 921.141(5). . . .
. . . In addition, the trial court carefully analyzed each statutory mitigator provided in section 921.141, . . .
. . . 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). . . . .
. . . 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 . . .
. . . . § 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). . . .
. . . . § 921.141(5)(b), Fla. . . . . § 921.141(5)0), Fla. . . .
. . . 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 . . .
. . . 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), . . .
. . . . § 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). . . .
. . . aggravating circumstances is consistent with both the standard advisory sentence jury instruction and section 921.141 . . .
. . . 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). . . . .
. . . 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 . . .