Riley v. State, 49666
| Citation | 413 So.2d 1173 |
| Decision Date | 01 April 1982 |
| Docket Number | No. 49666,49666 |
| Parties | Wardell RILEY, Appellant, v. STATE of Florida, Appellee. |
| Court | United States State Supreme Court of Florida |
Bennett H. Brummer, Public Defender and Karen M. Gottlieb and Elliot H. Scherker, Asst. Public Defenders, Eleventh Judicial Circuit, Miami, for appellant.
Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr. and David P. Gauldin, Asst. Attys. Gen., Tallahassee, for appellee.
Wardell Riley appeals his sentence of death which was imposed after remand by this Court for reconsideration of imposition of the death sentence. Finding no reversible error, we affirm the sentence of death.
For the purpose of robbing his place of employment, Riley and another entered the business establishment of Riley's employers and shot three persons, killing two of them. The third survived and testified to Riley's participation in the crimes. At the sentencing hearing, neither the State nor the defense presented any additional evidence than what had already been presented to the jury and received in evidence. Rather, the prosecutor argued the existence of certain aggravating factors while the defense argued the existence of mitigating factors and the barbarism of imposing the death sentence. No objection was made by defense counsel to the State's argument. The jury recommended that Riley receive a sentence of death for one of the murders and a sentence of life for the other murder. Finding six aggravating factors and one mitigating, the trial court sentenced Riley in accordance with the jury's recommendations. It additionally imposed a fifteen-year sentence for felonious assault of the third person who was shot but who did not die.
On appeal, we affirmed the convictions as well as Riley's life and fifteen-year sentences, but we vacated the death sentence and remanded for resentencing by the trial judge because he had erroneously considered two nonstatutory aggravating circumstances (no showing of remorse and the length of premeditation), because he had erroneously determined that the murder was heinous and cruel, and because he had improperly doubled up the aggravating circumstances of for pecuniary gain and during the course of a robbery. We held that the latter circumstances should be treated as one aggravating circumstance and that the court properly found as an aggravating circumstance that the murder was committed to eliminate a witness and thereby avoid lawful arrest. Riley v. State, 366 So.2d 19 (Fla.1978).
Upon remand and after an additional sentencing hearing, the trial judge again imposed the sentence of death. He found as aggravating circumstances that (1) the murder was committed while Riley was engaged in the commission of a robbery and was committed for pecuniary gain and (2) the murder was committed to avoid or prevent a lawful arrest. In mitigation, he found that Riley had no significant history of prior criminal activity.
Riley challenges his death sentence on three bases. First, he argues that the jury's recommendation which is entitled to great weight was tainted by its consideration of improper...
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