Scott v. State

494 So. 2d 1134, 11 Fla. L. Weekly 505
CourtSupreme Court of Florida
DecidedSeptember 25, 1986
Docket66422
StatusPublished
Cited by12 cases

This text of 494 So. 2d 1134 (Scott 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
Scott v. State, 494 So. 2d 1134, 11 Fla. L. Weekly 505 (Fla. 1986).

Opinion

494 So.2d 1134 (1986)

Abron SCOTT, Appellant,
v.
STATE of Florida, Appellee.

No. 66422.

Supreme Court of Florida.

September 25, 1986.

John Thor White, St. Petersburg, for appellant.

*1135 Jim Smith, Atty. Gen., and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.

EHRLICH, Judge.

This is a direct appeal from a judgment adjudicating Abron Scott guilty of murder in the first degree and sentencing him to death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm both the conviction and sentence.

The main evidence presented against Scott during the guilt phase of the trial consisted of statements made to Detective John Halliday of the Pinellas County Sheriff's Department. Scott told the detective that he and Amos Robinson[1] accosted a man outside a Tampa bar. They beat him until he appeared unconscious, placed him in the back seat of his car and drove him to a deserted area in Pinellas County. When they tried to get the victim out of the car he struggled, so they again beat him into submission. Although, in his statement to Detective Halliday, Scott maintained that he originally intended to merely steal the victim's car and leave him to walk back to Tampa, he admitted that after the second beating, he got back into the car and intentionally ran over the victim.

During the sentencing phase of the trial, Dr. Appenfeldt, a court-appointed psychologist, testified on direct examination by the defense concerning statements made by Scott during his interview. Scott told Dr. Appenfeldt that first Robinson attempted to run over the victim. When Robinson was unsuccessful, Scott got behind the wheel and ran over the victim, getting stuck in the sand and pinning the victim under the car. With the assistance of an unidentified man, the two pulled the car out of the sand and left in the victim's car.

Several days later the victim's body, in an advanced state of decomposition, was found in a depression off the road near the spot where the car had gotten stuck. Scott was arrested after he and Robinson were linked to the victim's car which had been found the day before the body was discovered.

Scott was charged with first-degree murder, robbery and kidnapping. He was convicted on all charges.[2] The jury recommended and the trial court imposed the death sentence. The trial court found five aggravating factors:[3] 1) Prior conviction of a violent felony; 2) the murder was committed in connection with the crime of kidnapping; 3) the crime was committed for financial gain; 4) the crime was especially heinous, atrocious, and cruel; 5) the crime was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification. The trial court expressly found two mitigating factors: 1) the age of the defendant at the time of the crime, eighteen; 2) the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.[4] In her sentencing order, the trial judge also noted that she had considered the defendant's mental problems, drug problems, and family problems in deciding the sentence to be imposed.

Although Scott does not challenge his conviction for first-degree murder, we have reviewed the record and find that there was sufficient evidence to support the conviction. The points raised on appeal go to the propriety of the imposition of the death penalty. Scott challenges the trial court's findings as to two of the five aggravating circumstances: 1) that the crime was especially heinous, atrocious and cruel; and 2) that the crime was committed in a cold, calculated and premeditated manner. The *1136 three aggravating factors which are not challenged in this appeal are supported by the record and were properly applied under the facts of this case.

Scott first argues that the trial court's finding that the murder was especially heinous, atrocious, and cruel was error because this aggravating circumstance was not proven beyond a reasonable doubt. See Card v. State, 453 So.2d 17 (Fla.), cert. denied, 469 U.S. 989, 105 S.Ct. 396, 83 L.Ed.2d 330 (1984); State v. Dixon, 283 So.2d 1 (Fla. 1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295 (1974). In her sentencing order the trial judge found this aggravating circumstance applicable, reasoning:

[C]ertain facts were clear in this particular case. Fact number one, the victim in this particular case was chosen at random. These two gentlemen didn't care who they picked. They picked anyone that had a nice car who they wanted to steal from. So they took some poor soul who happened to be at the wrong place at the wrong time who happened to be on the street. They proceeded at this time to beat this individual up. In fact, as I recall the testimony, the individual was beaten so badly, that he had to be lifted up, picked up, and thrown in the back of the car.
For the life of me, I can't imagine why this was necessary. If, in fact, all these two men were going to do is to rob this individual, they could have taken anything. They could have had the money. They could have had the property. They could have gone about their business. But no, that wasn't what they did.
.....
[T]hey brought this person clear over to Pinellas County to some isolated place where they could kill him so that nobody would ever find him. If ever found, he would be so far gone that nobody would ever recognize who he was.
So in my heart, despite what everyone says, I believe that this crime was premeditated. I think that this crime was thought out. I think these men planned to kill the victim. I think that he must have realized that. Why else were they driving him to Pinellas County if they weren't going over to Pinellas County to kill this man? Why did they come here and drop this man off in the middle of nowhere?
We must consider that if he was unconscious, that at some point in time he came to consciousness while there, because the evidence is clear that they beat him up again.
Now, we have this man being brought from Hillsborough County. He is now in Pinellas County, totally lost. And if intent was to rob him of his possessions, why didn't they leave him alone? Why didn't they just leave him? No, that wasn't good enough. By direct testimony from this defendant's statement, whether intentional or not, this defendant chose to run this man down. And from the testimony — and although not considering the testimony that came out in the co-defendant's trial — it became apparent in the sentencing phase that at that particular time, the car got stuck on this victim. And he, Scott, proceeded to rev the engine, spin the tires and in effect, just push this man down in the sand where he couldn't breath anymore, and his ribs were crushed, whatever. I can't imagine anything more cruel... . [T]his man couldn't have thought anything other than they were going to kill him, because what other reason would they have to bring him over here? They beat him up again, and all of a sudden that car started to run him down on his body. I can't imagine a crueler way to kill someone. A gunshot to the head. One quick gunshot to the head. That's not to say that that is just a murder, but certainly that is less cruel; that is less heinous; that is less atrocious than what happened to this victim in this particular case.

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Bluebook (online)
494 So. 2d 1134, 11 Fla. L. Weekly 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-fla-1986.