Santos v. State, No. 79860

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; BARKETT
Citation629 So.2d 838
Parties19 Fla. L. Weekly S25 Carlos SANTOS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 79860
Decision Date06 January 1994

Page 838

629 So.2d 838
19 Fla. L. Weekly S25
Carlos SANTOS, Appellant,
v.
STATE of Florida, Appellee.
No. 79860.
Supreme Court of Florida.
Jan. 6, 1994.

Page 839

James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen. and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court reimposing the death penalty upon Carlos Santos following this Court's earlier remand for a new penalty phase. The facts of this case are stated in our earlier opinion. Santos v. State, 591 So.2d 160 (Fla.1991). We have jurisdiction. Art. V, Sec. 3(b)(1), Fla. Const.

On remand, no new evidence was adduced. At this proceeding, the State informed the trial court of its belief that the trial court was bound to find that the two statutory mental mitigating factors existed: extreme emotional disturbance, and substantial inability of the defendant to conform his conduct to the requirements of the law. See Sec. 921.141(6)(b), (f), Fla.Stat. (1987). The State also informed the trial court that the aggravating factor of cold, calculated premeditation would not be permissible in light of this Court's prior opinion on direct appeal. See Santos, 591 So.2d at 163. In sum, the State conceded that the two mitigating factors existed and that cold and calculated premeditation did not.

Nevertheless, the trial court ignored the State's concessions. In resentencing Santos to death, the trial court expressly found that cold and calculated premeditation existed and that the only mitigating factor was Santos' abusive childhood. The trial court further found in aggravation that Santos had been convicted of another violent felony, i.e., any of the crimes occurring during the transaction in which the instant murders occurred, which were the only crimes on Santos' record. After weighing these factors, the trial court concluded that death was the proper sentence.

Page 840

The opinion previously issued by this Court was a plurality. However, it is clear that five members of this Court joined in the conclusion that the factor of cold and calculated premeditation could not exist on the present record. Santos, 591 So.2d at 163 (plurality opinion joined by three members), 165-66 (Kogan, J., concurring in part, dissenting in part, joined by Barkett, J.). No new facts have been introduced below to alter that conclusion.

Under the Florida Constitution, both a...

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46 practice notes
  • Coday v. State, No. SC02-1920.
    • United States
    • United States State Supreme Court of Florida
    • October 26, 2006
    ...recognized that severe mental disturbance is a mitigating factor of the most weighty order, Hildwin, 654 So.2d at 110; Santos v. State, 629 So.2d 838, 840 (Fla.1994), and the failure to present it in the penalty phase may constitute prejudicial ineffectiveness. . . . Indeed, the substantial......
  • NORTH FLA. WOMEN'S HEALTH SERVICES v. State, No. SC01-843.
    • United States
    • United States State Supreme Court of Florida
    • July 10, 2003
    ...four votes necessary to constitute a precedential "opinion" under the Florida Constitution. Art. V, § 3(a), Fla. Const.; Santos v. State, 629 So.2d 838 Rather, the "decision"[n.] of T.W. may be fairly described as three general holdings on which a majority agreed, albeit in piecemeal form i......
  • Perez v. State, No. SC03-1651.
    • United States
    • Florida Supreme Court
    • October 27, 2005
    ...trial court determined that Rose v. State, 675 So.2d 567 (Fla.1996), Hildwin v. Dugger, 654 So.2d 107 (Fla. 1995), and Santos v. State, 629 So.2d 838 (Fla.1994), were distinguishable because they involved a finding that the defendant was unable to conform his conduct to the requirements of ......
  • Way v. State, No. SC78640.
    • United States
    • United States State Supreme Court of Florida
    • April 20, 2000
    ...493 (Fla.1998). [T]his Court has never approved a "domestic dispute" exception to imposition of the death penalty. See [Santos v. State, 629 So.2d 838 (Fla.1994)] (finding death sentence disproportionate because four mitigating circumstances of extreme emotional disturbance, substantial ina......
  • Request a trial to view additional results
46 cases
  • Coday v. State, No. SC02-1920.
    • United States
    • United States State Supreme Court of Florida
    • October 26, 2006
    ...recognized that severe mental disturbance is a mitigating factor of the most weighty order, Hildwin, 654 So.2d at 110; Santos v. State, 629 So.2d 838, 840 (Fla.1994), and the failure to present it in the penalty phase may constitute prejudicial ineffectiveness. . . . Indeed, the substantial......
  • NORTH FLA. WOMEN'S HEALTH SERVICES v. State, No. SC01-843.
    • United States
    • United States State Supreme Court of Florida
    • July 10, 2003
    ...four votes necessary to constitute a precedential "opinion" under the Florida Constitution. Art. V, § 3(a), Fla. Const.; Santos v. State, 629 So.2d 838 Rather, the "decision"[n.] of T.W. may be fairly described as three general holdings on which a majority agreed, albeit in piecemeal form i......
  • Perez v. State, No. SC03-1651.
    • United States
    • Florida Supreme Court
    • October 27, 2005
    ...trial court determined that Rose v. State, 675 So.2d 567 (Fla.1996), Hildwin v. Dugger, 654 So.2d 107 (Fla. 1995), and Santos v. State, 629 So.2d 838 (Fla.1994), were distinguishable because they involved a finding that the defendant was unable to conform his conduct to the requirements of ......
  • Way v. State, No. SC78640.
    • United States
    • United States State Supreme Court of Florida
    • April 20, 2000
    ...493 (Fla.1998). [T]his Court has never approved a "domestic dispute" exception to imposition of the death penalty. See [Santos v. State, 629 So.2d 838 (Fla.1994)] (finding death sentence disproportionate because four mitigating circumstances of extreme emotional disturbance, substantial ina......
  • Request a trial to view additional results

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