Miller v. State

373 So. 2d 882
CourtSupreme Court of Florida
DecidedAugust 31, 1979
Docket50606
StatusPublished
Cited by45 cases

This text of 373 So. 2d 882 (Miller 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
Miller v. State, 373 So. 2d 882 (Fla. 1979).

Opinion

373 So.2d 882 (1979)

Jon Steven MILLER, a/K/a Robert Christopher, Appellant,
v.
The STATE of Florida, Appellee.

No. 50606.

Supreme Court of Florida.

May 10, 1979.
As Corrected On Denial of Rehearing August 31, 1979.

Jack O. Johnson, Public Defender, David S. Bergdoll, and W.C. McLain, Asst. Public Defenders, Bartow, for appellant.

Jim Smith, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

This case is before us on direct appeal from the trial court's order imposing the death penalty on appellant pursuant to his conviction of first-degree murder. We have *883 jurisdiction under article V, section 3(b)(1), Florida Constitution. Upon careful consideration of the evidence presented during the sentencing phase of the trial and the findings of fact by the trial court in its sentencing order, we conclude that the imposition of the death sentence was improperly based on the trial court's consideration of a nonstatutory aggravating factor. Therefore, the sentence of death is vacated.

Appellant's conviction of first-degree murder was previously affirmed by this court in an opinion at 332 So.2d 65 (Fla. 1976).[1] There, this court held the trial court had erred in denying defense requests for a continuance in order to secure certain psychiatric witnesses in order to present testimony to the jury during the sentencing hearing on two statutory mitigating circumstances: (1) whether the defendant acted under the influence of extreme mental disturbance, and (2) whether his ability to conform his conduct to the requirements of law was substantially impaired. On remand, a new sentencing hearing was held during which the defense presented psychiatric testimony on these issues. However, the new jury also recommended that Miller be put to death. The trial court concurred with the jury's recommendation and imposed the death sentence pursuant to detailed findings of fact set forth in the record on the various aggravating and mitigating circumstances involved in this homicide and with this defendant.

Pursuant to Florida Statute 921.141, the Court finds the following aggravating circumstances exist:
Florida Statute 921.141, subparagraph 5, subparagraph (b). The defendant was previously convicted of a felony involving the threat of violence to another person.
Subparagraph (d), the murder was completed while the defendant was engaged in the commission or attempt to commit robbery. And as such, the murder was committed for pecuniary gain.
Although aggravating factors (d) and (f) are separate factors by law, the Court holds in this case that the facts support ____. No, the Court holds in this case the facts support that the facts giving rise to both factors come from the same factual occasion, and as such only one factor is found to exist, to wit: subparagraph (d).
Subparagraph (h), the murder was especially heinous, atrocious and cruel.
The Court finds no other aggravating factors to have been proven beyond and to the exclusion of every reasonable doubt.
The Court finds the following mitigating circumstances exist:
Florida Statute 921.141, subparagraph 6, subparagraph (b). The murder was committed while the defendant was under the influence of extreme mental disturbance.
Subparagraph (e), the defendant acted under extreme mental duress.
Subparagraph (f), due to mental sickness the defendant's capacity or ability to conform his conduct to the requirements of law was substantially impaired.
The Court finds no other mitigating factors to have been established by the evidence.
The Court specifically finds from the testimony of the defendant, the psychiatrists, medical reports, the various witnesses who observed and followed the defendant after his purchase of the knife, *884 and the witnesses who testified about the defendant's behavior at the jail, that the defendant was suffering from mental illness at the time the murder was committed. And that this mental sickness, or illness, met the criteria of mitigating circumstances set out above, and designated by the Statute as (b), (e) and (f).
I should also point out that the Court's failure to find that the defendant's capacity to appreciate the criminality of his conduct under subparagraph (f) was not unintentional. I specifically find that the defendant could and did appreciate the criminality of his conduct.
In regard to the aggravating factors, and specifically in regard to aggravating factor (h), one need only review the photographs, the testimony of Dr. Graves, the witness, Harry Morris, and the defendant, and other witnesses who found the deceased body to conclude that the murder was especially heinous, atrocious and cruel.
In regard to aggravating factor (b), one need only review the defendant's testimony and the evidence of the man's conviction in Massachusetts.
In regard to the aggravating factor (d), the evidence in regard to blood soaked funds, funds dispersed to the defendant at the jail, and the subsequent inventory at the jail, subsequent to his rearrest, the defendant's testimony, and the testimony of witness Johnson, the cellmate, to find support of the aggravating factors (d) and (f).
However, as I have previously indicated for purposes of determining aggravating factors, (d) and (f) are treated as one factor since they arise from the same transaction and factual occurrence.
In weighing the aggravating factors of circumstances, and the mitigating circumstances, the Court concludes that there are insufficient mitigating circumstances to outweigh the aggravating circumstances.

The trial court found that the evidence introduced at the sentencing hearing proved beyond a reasonable doubt three statutory aggravating circumstances: (1) the defendant was previously convicted of a felony involving the threat of violence to another person; (2) the murder was committed while the defendant was engaged in the commission of or attempt to commit robbery, and was thus committed for pecuniary gain; and (3) the murder was especially heinous, atrocious, and cruel.[2]

In addition, the trial court found several mitigating circumstances to exist: (1) the murder was committed while the defendant was under the influence of extreme mental disturbance; (2) the defendant acted under mental duress; (3) due to mental sickness, the defendant's capacity and ability to conform his conduct to the requirements of law were substantially impaired.[3] In addition, the trial court specifically found from the evidence presented at the sentencing hearing that the defendant was suffering from mental illness at the time the murder was committed.

Based upon these factual findings, the trial judge explained the reasoning which led him to conclude that the death penalty was appropriate:

In weighing the circumstances or factors the Court must consider whether the *885 ultimate punishment is appropriate. In this case you have death on one hand, life imprisonment on the other; which should mean that the only distinction between the two is the ability to live. For life imprisonment should mean just what the words indicate, to spend the rest of one's life in a prison environment. Death, obviously means death.

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Bluebook (online)
373 So. 2d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fla-1979.