State v. Pearce

994 So. 2d 1094, 2008 WL 4876759
CourtSupreme Court of Florida
DecidedNovember 13, 2008
DocketSC07-201
StatusPublished
Cited by16 cases

This text of 994 So. 2d 1094 (State v. Pearce) 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
State v. Pearce, 994 So. 2d 1094, 2008 WL 4876759 (Fla. 2008).

Opinion

994 So.2d 1094 (2008)

STATE of Florida, Appellant,
v.
Faunce Levon PEARCE, Appellee.

No. SC07-201.

Supreme Court of Florida.

November 13, 2008.

*1096 Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellant.

Bill Jennings, Capital Collateral Regional Counsel, and Richard E. Kiley and James Viggiano, Jr., CCRC Staff Attorneys, Middle Region, Tampa, FL, for Appellee.

PER CURIAM.

This case is before the Court on appeal from an order granting a motion to vacate a conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution. For the reasons expressed below, we affirm the trial court's order granting the defendant a new penalty phase but reverse that portion of the order granting him a new trial based on ineffective assistance of counsel.

FACTS AND PROCEDURAL HISTORY

Faunce Levon Pearce was convicted of first-degree murder with a firearm and attempted second-degree murder with a firearm. Pearce was sentenced to death. This Court affirmed the convictions and death sentence on direct appeal. See Pearce v. State, 880 So.2d 561, 577 (Fla. 2004).[1] The following is a summary of the *1097 facts that were revealed at Pearce's trial. See id. at 565-67. On the evening of September 13, 1999, Faunce Levon Pearce visited Bryon Loucks at Loucks's home. Pearce was looking for Loucks's teenage stepson, Ken Shook, in order to obtain LSD (lysergic acid diethylamide) geltabs. After finding a source for the geltabs, Tanja Barcomb, Pearce gave Robert Crawford, Stephen Tuttle, and Amanda Havner $1200 to obtain a book of 1000 geltabs. At that time, Pearce indicated that they should not return without either the money or the drugs. Soon thereafter, Shook, Tuttle, Crawford, and Havner went to Barcomb's house. Once there, Barcomb indicated that she, her boyfriend, and Havner would get the drugs from a supplier while the three boys remained behind. However, after arriving at an apartment complex, Barcomb told Havner to stay in the car. Barcomb and her boyfriend entered a friend's apartment. While in the apartment, the boyfriend hid the money in his shoe and punched himself in the face. After returning to the car, Barcomb and her boyfriend told Havner that their drug supplier stole the money. Shook, Tuttle, Crawford, and Havner were forced to return to Loucks's business without the money or the drugs.

Before the teenagers returned to Loucks's business, Pearce and Loucks received a telephone call from Barcomb explaining that Pearce's money had been stolen. Pearce became very angry. When the four teenagers returned shortly thereafter, Pearce was standing outside with a gun visibly tucked in his pants. When the teenagers exited the car, Pearce waved the gun and ordered them inside Loucks's business office. Pearce confined Loucks and the four teenagers inside the business office for an unknown period of time. During this confinement, Pearce refused to allow anyone to leave and, at various times, Pearce waved his gun at the confined individuals. At one point, Pearce took Tuttle outside and forced him at gunpoint to perform oral sex upon him.

Pearce called his friend Theodore Butterfield and requested that Butterfield come to Loucks's business armed and bring Lawrence Joey Smith with him. Heath Brittingham, who was at the house with Butterfield, accompanied Butterfield and Smith. When the three men arrived at Loucks's business, they were visibly armed. Pearce informed the three men that Tuttle and Crawford would show them where to find the people who had stolen Pearce's money. At gunpoint, Pearce ordered Tuttle and Crawford to get in his car. Pearce, Smith, Butterfield, Brittingham, Tuttle, and Crawford left in Pearce's car.

After driving south on Highway 41 in Pasco County, Pearce turned right on State Road 54 to a dark, isolated area. Pearce stopped the car along the side of the road and told Tuttle to get out of the car. Smith and Tuttle exited the car. Pearce told Smith either to "break [Tuttle's] jaw" or "pop him in the jaw." Smith then turned around and shot Tuttle once in the back of the head. When Smith got back in the car, Pearce asked, "Is he dead?," and Smith replied, "Yeah, he's dead. I shot him in the head." Pearce then drove approximately two hundred yards down the road, stopped the car, and Smith exited the vehicle again. Pearce ordered Crawford out of the car. Crawford complied while pleading, "No. Please no." Smith shot Crawford in the head and in the arm. Tuttle survived the gunshot to his head, and he flagged down a passing *1098 motorist for assistance. Crawford, however, died at the scene.

On September 14, Smith was arrested. Pearce was located and arrested a few weeks later. Pearce was charged as a codefendant in the murder of Robert Crawford and in the attempted murder of Stephen Tuttle.[2] During the guilt phase of his trial, Pearce did not testify or present any evidence. Pearce was convicted of first-degree murder with a firearm for Crawford's death and attempted second-degree murder with a firearm for the shooting of Tuttle. See Pearce, 880 So.2d at 561, 567. Moreover, during the penalty phase of the trial, Pearce did not testify or present penalty phase argument. The jury recommended the death sentence by a vote of ten to two. See id.

During the Spencer[3] hearing, Pearce declined to present evidence or argument, and he refused to allow his attorneys to do so. While imposing sentence, the trial court considered a handwritten letter from Pearce; letters from family members of Crawford; a presentence investigation; and several hundred pages of court, criminal, school, and other records pertaining to Pearce. The trial court found three aggravating factors: a previous conviction of a violent felony, based on the attempted murder of Tuttle; the murder was committed while engaged in kidnapping; and the murder was cold, calculated, and premeditated without any pretense of moral or legal justification. The trial court found no statutory mitigating factors. While Pearce requested no nonstatutory factors, the trial court considered a number of factors based on claims in Pearce's correspondence to the court. However, the trial court concluded that Pearce's claims were actually claims of lingering doubt and would not be considered as mitigating factors. The trial court did find Pearce's good conduct in jail to be a mitigating factor, but only entitled to little weight. The trial court concluded that the aggravating factors far outweighed the mitigating factors and imposed a death sentence.

In September 2005, pursuant to Florida Rule of Criminal Procedure 3.851, Pearce filed a motion for postconviction relief in the Circuit Court of the Sixth Judicial Circuit.[4] An evidentiary hearing was held over several days between July and December of 2006. Following the evidentiary hearing, the trial court issued an order granting relief. The trial court vacated Pearce's judgments and sentences and ordered *1099 a new trial. The trial court concluded that Pearce satisfied the Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), standard as to both the guilt and the penalty phases of his trial.

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Cite This Page — Counsel Stack

Bluebook (online)
994 So. 2d 1094, 2008 WL 4876759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pearce-fla-2008.