Hallman v. State

• Court: Florida Supreme Court
• Writing for the Court: PER CURIAM; ADKINS; BOYD, J., concurs specially with opinion, with which ERVIN; BOYD; ERVIN
• Citation: Hallman v. State, 305 So.2d 180 (Fla. 1974)
• Decision Date: 11 December 1974
• Docket Number: No. 44579,44579
• Parties: Clifford HALLMAN, Appellant, v. STATE of Florida, Appellee.

Page 180

305 So.2d 180

Clifford HALLMAN, Appellant, v. STATE of Florida, Appellee.

No. 44579.

Supreme Court of Florida.

Dec. 11, 1974.

James A. Gardner, Public Defender, and Charles H. Livingston, Sp. Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

PER CURIAM.

This cause is before us on direct appeal from a conviction of murder in the first degree, and a sentence of death imposed on appellant in the Circuit Court in and for Hillsborough County. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida.

On September 12, 1973, the grand jury of Hillsborough County returned an indictment against defendant charging him with first degree murder in that he, on the 10th day of April, 1973, in Hillsborough County, unlawfully and from premediated design to effect the death of Eleanor Groves, did cut her with broken glass and in furtherance of said cutting did then and there inflict divers mortal wounds from which she died. On April 10, 1973, appellant inflicted fatal cuts with broken glass about the throat and neck of Eleanor Groves, slit her throat, which resulted in her death and took money from the North Town Tavern where the victim was employed as a barmaid.

After trial, the jury returned a verdict of guilty as charged in the indictment. A post-conviction sentence advisory hearing was held on October 3, 1973, and the jury advised and recommended to the court that the death penalty be imposed upon defendant. On October 12, 1973, the trial court adjudicated appellant guilty, entered its written detailed findings of fact in support of the death penalty specifically delineating the aggravating and mitigating circumstances pursuant to the safeguards afforded by Section 921.141, Florida Statutes, found the jury's recommendation of the death penalty to be appropriate, and sentenced appellant to death. Specifically, the trial court determined the aggravating circumstances which greatly outweighed the delineated mitigating circumstances to be:

'(A) That the Defendant, Clifford Hallman, murdered Eleanor Jean Groves while engaged in the commission of a Felony, to-wit: Robbery.

(B) That the Defendant, Clifford Hallman, committed the crime for pecuniary gain.

(C) That the crime committed by the Defendant, Clifford Hallman, was especially heinous, atrocious and cruel.

(D) That the Defendant, Clifford Hallman, had been previously convicted of the Felony of Breaking and Entering an Automobile with the intent to Commit Assault and Battery for which he was sentenced to eighteen months in the state prison. Said offense being committed one day after the Defendant had been released from the Hillsborough County Jail after serving approximately four months for a similar offense. The Court further finds that both of these offenses involved an assault upon a young woman with a dangerous weapon, in one case a knife and the other case a screwdriver, and both involved a threat to the throat of the victim. In the instant case the Defendant cut the throat...