Colina v. State, 71124
Decision Date | 15 November 1990 |
Docket Number | No. 71124,71124 |
Citation | 570 So.2d 929 |
Parties | 15 Fla. L. Weekly S600 Manuel A. COLINA, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Kevin R. Monahan and Jeffrey W. Monroe, Palatka, for appellant.
Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.
Manuel A. Colina appeals his convictions on two counts of first-degree murder and sentences of death on both counts. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm Colina's convictions but find, for the reasons discussed below, that a new sentencing proceeding before a new jury is required.
This was the beating-murder of an elderly couple, Cecilia and Angel Diaz, in their residence. Colina and Felix Castro were charged with first-degree murder. Castro pleaded guilty, received two life sentences, and testified against Colina. At trial, Castro testified that, after he and Colina smoked some cocaine, they went to the Diazes' residence to collect money they owed him for work he had performed; that, upon arriving at the residence, Colina asked Mr. Diaz for a jack to change a tire; that Mr. Diaz came outside and spoke with Castro while Colina was inside the residence; that Castro battered Mr. Diaz in the back of the head and then Colina, who had come back outside, hit Mr. Diaz with a tire iron; that the two men then carried Mr. Diaz behind the residence, where Mrs. Diaz was lying; that, at Colina's direction, Castro cut up a clothesline so Colina could tie up the victims; and that Colina then struck each victim several times. Castro further testified that, before departing from the premises, he and Colina stole various items, including cash, jewelry, alcohol, and the Diazes' automobile; that they used the cash to purchase alcohol and Colina sold the jewelry to purchase cocaine, which the two men smoked; and that Castro drove back to the victims' residence and stole a television, which he used to acquire more cocaine. Castro also testified that he and Colina committed two more burglaries before departing for Houston, Texas, where they were eventually arrested.
Colina's testimony substantially differed from Castro's concerning the extent of Colina's participation. He testified that he fled the scene after seeing Castro hit Mr. Diaz numerous times; that he did not see Castro again until later that night when Castro pulled up beside him driving the Diazes' automobile; that Castro got out of the automobile holding a bottle of rum and a knife; that he placed the knife against Colina's throat and asked Colina to get into the automobile; and that they then returned to the victims' home, where Castro stole some goods prior to their departure for Texas.
The prosecution also presented the testimony of a number of inmates at the Putnam County jail that Colina admitted to them, while he was in jail, that he killed the two victims.
The jury convicted Colina on two counts of first-degree murder and recommended that the trial judge impose the death sentence on both counts. The trial judge followed the jury's recommendation after finding no mitigating factors and the following four aggravating factors: the murders were committed while Colina was engaged in the commission of a robbery; the murders were committed for the purpose of avoiding or preventing a lawful arrest; the murders were especially heinous, atrocious, or cruel; and the murders were committed in a cold, calculated, and premeditated manner.
In this appeal, Colina raises the following seven issues: (1) whether Colina's convictions and sentences were fundamentally tainted by evidence and arguments calculated to arouse ethnic prejudice during both phases of the trial; (2) whether the trial court erred in permitting the state to present evidence of collateral offenses and uncharged misconduct; (3) whether the trial court erred in excluding all of Castro's statements offered by the defense; (4) whether the trial court erred in allowing the state to present evidence of nonstatutory aggravating circumstances during the penalty phase of the trial; (5) whether the trial court erred in finding that the murders were especially heinous, atrocious, or cruel; (6) whether the trial court erred in finding that the murders were committed in a cold, calculated, and premeditated manner; and (7) whether the trial court erred in finding that the murders were committed for the purpose of avoiding or preventing a lawful arrest.
We find that claims (1) and (2) are without merit and do not require discussion; that claims (3) and (4) have merit and require a new sentencing proceeding; and that claims (5), (6), and (7) need no discussion in light of our findings in claims (3) and (4).
Colina argues that the trial court erred in prohibiting him from testifying about Castro's statements made during the incident. At one point, Colina's counsel attempted to demonstrate through Colina's testimony that Castro knew the victims. In this regard, the following occurred:
The following exchanges also transpired during Colina's direct examination:
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[DEFENSE COUNSEL]: Manuel, you know, tell us what happened, not so much what was...
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Melton v. State, SC04-1689.
...that his lack of remorse cannot be considered in his capital sentencing: Shellito v. State, 701 So.2d 837 (Fla.1997); Colina v. State, 570 So.2d 929 (Fla.1990); Trawick v. State, 473 So.2d 1235 (Fla. 1985); and Pope v. State, 441 So.2d 1073 (Fla.1983). Melton is correct that these cases sta......
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Foster v. State
...Escobar v. State, 699 So.2d 988, 997 (Fla.1997); Chatman v. State, 687 So.2d 860, 862 (Fla. 1st DCA 1997); knowledge, see Colina v. State, 570 So.2d 929, 932 (Fla.1990); Duncan v. State, 616 So.2d 140, 141 (Fla. 1st DCA 1993); or identity, see State v. Freber, 366 So.2d 426, 427 (Fla.1978).......
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Shellito v. State
...stated that lack of remorse is a nonstatutory aggravating circumstance and cannot be considered in a capital sentencing. Colina v. State, 570 So.2d 929 (Fla.1990); Trawick v. State, 473 So.2d 1235, 1240 (Fla.1985); Pope v. State, 441 So.2d 1073, 1078 (Fla.1983). However, on this record, we ......