Stewart v. State, 75337

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SHAW; BARKETT, J., concurs in part and dissents in part with an opinion, in which KOGAN; BARKETT; KOGAN
Citation588 So.2d 972
PartiesKenneth Allen STEWART, Appellant, v. STATE of Florida, Appellee. 588 So.2d 972, 16 Fla. L. Week. S617
Docket NumberNo. 75337,75337
Decision Date12 September 1991

Page 972

588 So.2d 972
Kenneth Allen STEWART, Appellant,
STATE of Florida, Appellee.
No. 75337.
588 So.2d 972, 16 Fla. L. Week. S617
Supreme Court of Florida.
Sept. 12, 1991.
Rehearing Denied Dec. 2, 1991.

James Marion Moorman, Public Defender and Douglas S. Connor, Asst. Public Defender,

Page 973

Tenth Judicial Circuit, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen. and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


Following remand for written findings supporting the death penalty and written reasons for departure, Stewart appeals his sentences of death for first-degree murder and life for armed robbery. We have jurisdiction. Art. V, Sec. 3(b)(1), Fla. Const. We affirm the death penalty and reverse the life sentence.

The facts of this case are set out fully in Stewart v. State, 549 So.2d 171 (Fla.1989), cert. denied, --- U.S. ----, 110 S.Ct. 3294, 111 L.Ed.2d 802 (1990). Stewart shot two persons who gave him a ride hitchhiking. He stole their car, took items therefrom, and set it on fire. One victim died. Stewart was convicted of first-degree murder, attempted second-degree murder with a firearm, robbery with a firearm, and arson. The trial judge, following the jury's ten-to-two recommendation, sentenced him to death on the murder charge, imposed two consecutive fifteen-year sentences for the attempted second-degree murder and arson convictions, and, departing from the sentencing guidelines, imposed a life sentence for the armed robbery.

On direct appeal, we affirmed the convictions and the two fifteen-year sentences. We temporarily remanded on the death sentence so the trial court could provide written findings supporting its sentence. 1 Because the trial court failed to give written reasons for departure on the armed robbery conviction, we vacated the life sentence and remanded for resentencing on that charge. On remand, the court made written findings supporting the death sentence, finding two aggravating circumstances 2 and four mitigating. 3 The trial court also reimposed the life sentence, giving three written reasons for departure. 4

Following remand, Stewart raises a number of issues concerning the death sentence that can be disposed of briefly. He first claims that it was double-dipping for the trial court to use robbery as an aggravator when the same robbery served as the basis for the felony murder conviction. We have rejected this argument many times. See, e.g., Menendez v. State, 419 So.2d 312 (Fla.1982). His argument that life must be imposed in every case where the trial court fails...

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11 cases
  • Taylor v. Sec'y, Case No. 8:10-cv-382-T-30AEP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 1 Junio 2011
    ...repeats an element of first-degree murder. We have considered and rejected arguments substantially the same as this in Stewart v. State, 588 So. 2d 972 (Fla. 1991), and Clark v. State, 443 So. 2d 973 (Fla. 1983), cert. denied, 467 U.S. 1210, 104 S. Court. 2400, 81 L. Ed. 2d 356 (1984). Tayl......
  • Jones v. State, 80827
    • United States
    • United States State Supreme Court of Florida
    • 10 Noviembre 1994
    ...103 L.Ed.2d 944 (1989). Moreover, we previously have rejected similar challenges to this aggravating factor. See, e.g., Stewart v. State, 588 So.2d 972, 973 (Fla.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1599, 118 L.Ed.2d 313 (1992); Engle v. Dugger, 576 So.2d 696, 704 (Fla.1991); Squir......
  • Stewart v. State, SC96177.
    • United States
    • United States State Supreme Court of Florida
    • 20 Septiembre 2001
    ...its findings on aggravation and mitigation in support of the death sentence, which this Court affirmed on appeal. See Stewart v. State, 588 So.2d 972 On August 2, 1993, Stewart filed his initial motion for postconviction relief. Stewart subsequently amended that motion, filing the present v......
  • Stewart v. Secretary, Dept. of Corrections, 06-11684.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 31 Enero 2007
    ...abuse that Stewart suffered, we are convinced that it substantially covers his traumatic childhood and find no error." Stewart v. State, 588 So.2d 972, 974 (Fla.1991). The United States Supreme Court again denied Stewart's petition for certiorari. Stewart v. Florida, 503 U.S. 976, 112 S.Ct.......
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