Goode v. Wainwright, 61693

• Decision Date: 23 February 1982
• Docket Number: No. 61693,61693
• Citation: 410 So.2d 506
• Parties: Arthur F. GOODE, III, Petitioner, v. Louis L. WAINWRIGHT, etc., Respondent.
• Court: Florida Supreme Court

Page 506

410 So.2d 506

Arthur F. GOODE, III, Petitioner, v. Louis L. WAINWRIGHT, etc., Respondent.

No. 61693.

Supreme Court of Florida.

Feb. 23, 1982.

Wilbur C. Smith, III, of Smith, Carta, Ringsmuth & Kluttz, Fort Myers, for petitioner.

Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

We have for consideration a petition for writ of habeas corpus attacking the competency of petitioner Goode's attorney on appeal from his conviction and a motion for stay of execution.

Petitioner's conviction and sentence were affirmed by this Court, Goode v. State, 365 So.2d 381 (Fla.1978), and his petition for writ of certiorari was denied by the United States Supreme Court. Goode v. Florida, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979).

A motion to vacate judgment and sentence was denied by the trial judge. Upon appeal this order was affirmed. Goode v. State, 403 So.2d 931 (Fla.1981). Thereafter the Governor issued a warrant ordering petitioner's execution to be held on March 2, 1982. These proceedings resulted.

Petitioner argues that the trial judge committed error in three regards: (1) he sentenced petitioner to death because he believed petitioner might be released on parole and commit further acts of violence in the future, (2) he found petitioner's mental condition to be a mitigating circumstance but failed to recite that finding of fact and thus petitioner was denied effective appellate review in this Court, and (3) the sentencing judge applied the incorrect burden of proof in determining whether evidence established mitigating or aggravating circumstances. He contends that his appellate counsel was ineffective because he failed to raise the issues that the judge improperly considered non-statutory aggravating circumstances, that the sentencing judge failed to recite the finding of a mitigating circumstance which he in fact found, and that the sentencing judge applied an incorrect burden of proof in determining whether the evidence established mitigating or aggravating circumstances.

At trial petitioner insisted upon representing himself, but, nevertheless, the court appointed counsel with whom he could consult during trial. Petitioner admitted his guilt and requested that he be given the death sentence. It was in this light that appellate counsel sought reversal. In our opinion affirming the judgment and sentence we said:

The jury recommended the death sentence despite their being instructed to consider defendant's mental state as a mitigating circumstance.

Even though defendant admits his guilt and even though he expressed a desire to be executed, this Court must, nevertheless, examine the record to be sure that the imposition of the death sentence complies with all of the standards set by the Constitution, the Legislature and the courts. The questions raised by the attorney to assist defendant on appeal have been considered and are without merit.

The request of the defendant to dismiss the appeal is denied. The Legislature has imposed a duty upon this court to examine every case in which the death sentence is imposed. Section 921.141(4), Florida Statutes (1975).

365 So.2d 384.

At the sentencing hearing, attorney Smith, the former attorney for petitioner, argued that petitioner should have been given life imprisonment. In his statement to the court Smith said:

To impose the death penalty on Mr. Goode would be merely a symbolic sentence which might appease the passions of those which are extremely outraged or offended by Mr. Goode's actions, and it certainly might appease the passions of those that have been so severely injured by Mr. Goode's actions, but other than an immediate remedial salving of feelings what good is going to be done by the execution of Arthur Goode?

I think to answer that question the Court would have to ask what good or what benefit can be derived from a life sentence as opposed to the death penalty?

The trial judge made specific findings as to the aggravating and mitigating circumstances before sentencing petitioner "to the penalty of death." After ordering that appropriate appellate proceedings be instituted, the trial judge said:

In closing I want to address myself to Counsel Smith's remarks for just a moment. The question of why should this man be executed for what he has done is a question that the Court has wrestled with for several days and has carefully considered the circumstances, but I have to be able to answer to myself why should I invoke the awesome punishment of death. Could not something be learned from Arthur? Am I not doing as I have seen and heard many do and merely so outraged by the activities that he has done that possibly my reason and judgment are blurred? I believe not.

If organized society is to exist with the compassion and love that we all espouse, there comes a point when we must terminate that, and there are certain cases and certain times when we can no longer help, we can no longer rehabilitate and there are certain people, and Arthur Goode is one of them, that's actions demand that society respond and all we can do is exterminate.

Philosophically I believe that in certain limited instances we should do that. In this...