Hildwin v. State

727 So. 2d 193, 1998 WL 574306
CourtSupreme Court of Florida
DecidedSeptember 10, 1998
Docket89658
StatusPublished
Cited by21 cases

This text of 727 So. 2d 193 (Hildwin v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hildwin v. State, 727 So. 2d 193, 1998 WL 574306 (Fla. 1998).

Opinion

727 So.2d 193 (1998)

Paul C. HILDWIN, Appellant,
v.
STATE of Florida, Appellee.

No. 89658.

Supreme Court of Florida.

September 10, 1998.
Rehearing Denied February 25, 1999.

James B. Gibson, Public Defender and Michael S. Becker, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Appellant.

*194 Robert A. Butterworth, Attorney General, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Paul C. Hildwin appeals his sentence of death. We have jurisdiction under article V, section 3(b)(1) of the Florida Constitution.

PROCEDURAL HISTORY

The body of Vronzettie Cox was found in the trunk of her car with her tee shirt tied around her neck. Hildwin, age twenty-five at the time of the crime, was convicted of Cox's strangulation murder and sentenced to death, and on direct appeal this Court affirmed both the conviction and sentence. See Hildwin v. State, 531 So.2d 124 (Fla.1988) (hereinafter "Hildwin I"), aff'd, 490 U.S. 638, 109 S.Ct. 2055, 104 L.Ed.2d 728 (1989). Hildwin subsequently filed a 3.850 motion, which the trial court denied after holding a hearing thereon. Hildwin appealed the denial to this Court, which again affirmed as to the conviction but vacated and remanded for a new sentencing proceeding upon finding that Hildwin had been "prejudiced by the ineffective assistance of trial counsel at the penalty phase with respect to the presentation of mitigating evidence." Hildwin v. Dugger, 654 So.2d 107, 110 (Fla.1995).

On resentencing, the jury again recommended death. In its resentencing order, the trial court found four aggravators:

(1) that Hildwin committed the murder for pecuniary gain; (2) that the murder was especially heinous, atrocious and cruel ("HAC"); (3) that Hildwin had previously been convicted of prior violent felonies; and (4) that he was under a sentence of imprisonment at the time of the murder. The trial court also found two statutory mitigators, both of which it assigned "some weight": (1) that Hildwin was under the influence of an extreme mental or emotional disturbance at the time of the murder; and (2) that his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. Finally, the trial court found five nonstatutory mitigators, all of which it also assigned "some weight": (1) that Hildwin had a history of childhood abuse, including sexual abuse by his father; (2) that Hildwin had a history of drug or substance abuse; (3) that he had organic brain damage; (4) that he had the ability to do well in a structured environment like prison; and (5) that his type of mental illness was readily treatable in a prison setting. The trial court, after evaluating the aggravators and the mitigators, again sentenced Hildwin to death.

ISSUES ON APPEAL

Hildwin now raises four issues on appeal, which we address in turn:

I. The Pecuniary Gain Aggravator

Hildwin argues that the trial court erred in finding the pecuniary gain aggravator, urging that the evidence was entirely circumstantial and insufficient to support the aggravator. We disagree.

Like guilt itself, aggravators must be proven beyond a reasonable doubt. See Geralds v. State, 601 So.2d 1157, 1163 (Fla. 1992); State v. Dixon, 283 So.2d 1, 9 (Fla. 1973). Although an aggravating circumstance may be supported entirely by circumstantial evidence, "the circumstantial evidence must be inconsistent with any reasonable hypothesis which might negate the aggravating factor." Geralds, 601 So.2d at 1163 (citing Eutzy v. State, 458 So.2d 755, 758 (Fla.1984)).

The resentencing record reflects that on the night of Cox's murder Hildwin and some friends (including his girlfriend) ran out of gas on their way home from a movie. None of them had any money, so Hildwin turned in soda bottles to buy gas at a nearby convenience store, but still could not get the car started. Hildwin and his friends therefore decided to spend the night in the car, but Hildwin left sometime during the night and, upon returning the next morning, had money to buy gas and sodas. Later that day, Hildwin drove Cox's car through the drive-in teller of her bank, where he forged and cashed a $75 check on her account. On an outing with some friends later that evening, Hildwin bought a pair of shorts and brought along a case of beer and a radio that *195 was later identified as belonging to Cox. Police later found the radio and a ring belonging to Cox in Hildwin's bedroom; Cox's car, with her body in the trunk, abandoned in dense woods; and Cox's purse in a leaf-covered hole between the car and Hildwin's residence.

The trial court rejected Hildwin's argument that this evidence was insufficient for the pecuniary gain aggravator to go before the jury. The State accordingly argued this aggravator in closing argument, but Hildwin's attorney did not present contrary argument on this aggravator. The jury thereafter recommended death. Both in his sentencing memorandum and at the sentencing hearing, Hildwin's attorney argued that the taking of Cox's property could have been "an afterthought" to the murder.[1] In its resentencing order, the trial court exhaustively discussed the evidence pertinent to this aggravator and ultimately found that

[t]he evidence presented during the resentencing trial, in regards to this [pecuniary gain] aggravator, leads to only one conclusion. That is, that the defendant's primary motivation for the murder was to obtain items for pecuniary gain, specifically money necessary to get his car filled with gas and running again, so that he could get his girlfriend back to her home. This Court finds, beyond and to the exclusion of every reasonable doubt, that the crime of murder committed by the defendant on Vronzettie Cox was committed for pecuniary gain. This aggravator has been clearly demonstrated by the State and proved beyond a reasonable doubt.

As a threshold matter, we find that this aggravator was properly submitted to the jury and considered by the trial court. See State v. Law, 559 So.2d 187, 188-89 (Fla. 1989). We also note that, although the trial court found that pecuniary gain was the "primary motivation for the murder," in order to establish this aggravator the state must prove beyond a reasonable doubt only that "the murder was motivated, at least in part, by a desire to obtain money, property or other financial gain." Finney v. State, 660 So.2d 674, 680 (Fla.1995) (emphasis added).

We have reviewed the record on resentencing and find that the circumstances of Hildwin's activities both before and after the murder provide substantial competent evidence that the murder was motivated, at least in part, by pecuniary gain. See id.; cf. Hill v. State, 549 So.2d 179, 182-83 (Fla. 1989). These circumstances are inconsistent with any reasonable hypothesis which might negate this aggravating factor. See Geralds, 601 So.2d at 1163.

As we held on virtually identical evidence[2] in Hildwin's first appeal:

The evidence, while circumstantial that [Hildwin] killed Ms. Cox to get money from her, is substantial. Before he killed Ms. Cox, [Hildwin] had no money and was reduced to searching for pop bottles on the road side to scrape up enough cash to buy sufficient gas to get home. After her death he had her property and had forged and cashed a check on her account.

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Bluebook (online)
727 So. 2d 193, 1998 WL 574306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hildwin-v-state-fla-1998.