State v. White

470 So. 2d 1377, 10 Fla. L. Weekly 247
CourtSupreme Court of Florida
DecidedApril 25, 1985
Docket64791
StatusPublished
Cited by34 cases

This text of 470 So. 2d 1377 (State v. White) 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. White, 470 So. 2d 1377, 10 Fla. L. Weekly 247 (Fla. 1985).

Opinion

470 So.2d 1377 (1985)

STATE of Florida, Appellant,
v.
Beauford WHITE, Appellee.

No. 64791.

Supreme Court of Florida.

April 25, 1985.
Rehearing Denied July 11, 1985.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for appellee.

SHAW, Justice.

Appellee was convicted in 1978 of six counts of first-degree murder, two counts of attempted first-degree murder, and four counts of robbery. He was sentenced to *1378 death for each of the first-degree murders and to life imprisonment for each of the remaining convictions. On direct appeal, this Court affirmed the death penalties in White v. State, 403 So.2d 331 (Fla. 1981), and the United States Supreme Court denied a petition for writ of certiorari in White v. Florida, 463 U.S. 1229, 103 S.Ct. 3571, 77 L.Ed.2d 1412 (1983). In addition, appellee joined as a petitioner with 123 other death-sentence defendants in their applications for extraordinary relief and petitions for writs of habeas corpus. These petitions were denied in Brown v. Wainwright, 392 So.2d 1327 (Fla.), cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 70 L.Ed.2d 407 (1981). On 19 January 1984, Governor Graham signed a death warrant ordering appellee's execution during the week beginning at noon, 3 February 1984. On 23 January 1984, appellee filed motions in the trial court seeking post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 and a stay of his execution scheduled for 7 February 1984. The trial court granted the stay of execution and vacated the death sentences on the ground that the death sentences were constitutionally impermissible in view of the holding in Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). Thereafter, we entered an order continuing the stay of execution pending disposition of this appeal by the state.

We first address our jurisdictional authority to hear the state's appeal. Appellee urges that appellate review of a criminal proceeding is not available except as specified in section 924.07, Florida Statutes (1981), which contains no provision authorizing appeal by the state from an order granting post-conviction relief. Appellee also urges that the trial court order from which appeal is sought is the functional equivalent of an acquittal and that this serves to bar appellate review under the double jeopardy clause of the state and federal constitutions.[1]

Appellee misunderstands the nature of collateral post-conviction remedies such as those provided by rule 3.850 and writs of error coram nobis and habeas corpus. Rule 3.850 provides a judicial remedy whereby a post-conviction motion for relief may be heard in the trial court where the records and witnesses and others with knowledge of the case are likely to be. Thus, the rule avoids both the cumbersomeness of the writ of error coram nobis whereby a petition is addressed to the cognizant appellate court seeking authority to approach the trial court and the inefficiency of the writ of habeas corpus which entails approaching a court unfamiliar with the case at hand. State v. Matera, 266 So.2d 661 (Fla. 1972); Roy v. Wainwright, 151 So.2d 825 (Fla. 1963). These post-conviction collateral remedies are not steps in a criminal prosecution but are in the nature of independent collateral civil actions governed by the practice of appeals in civil actions from which either the government or the defendant (petitioner) may appeal. See generally State v. Weeks, 166 So.2d 892 (Fla. 1964); State v. Jackson, 414 So.2d 281 (Fla. 4th DCA 1982); and Tolar v. State, 196 So.2d 1 (Fla. 4th DCA 1967).[2] Inasmuch as this Court affirmed appellee's convictions and sentences in White v. State, it is this Court which has appellate jurisdiction to hear appeals from post-conviction proceedings on appellee's sentences and convictions. We note also that rule 3.850, by its own terms, provides that "[a]n appeal may be taken to the appropriate appellate court from the order entered on *1379 the motion as from a final judgment on application for writ of habeas corpus."

The state argues that even if Enmund represents a change in the law within the meaning of Witt v. State, 387 So.2d 922 (Fla.) cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980), appellee has fully litigated the application of the death penalty to himself under the circumstances of the case on direct appeal and in his petition for a writ of certiorari before the United States Supreme Court. Thus, appellee should not be permitted to relitigate the issue in a collateral proceeding. It is true that appellee contended on direct appeal that the Florida death penalty statute violated the eighth amendment prohibition against cruel and unusual punishment under the United States Constitution, in that the statute permitted the infliction of death upon a defendant who lacked a purpose to cause the death of his victim, and that we rejected that contention under then-extant constitutional law. It is also true, however, that Justice White's dissenting opinion in Lockett v. Ohio, 438 U.S. 586, 625, 98 S.Ct. 2954, 2983, 57 L.Ed.2d 973 (1978), on which appellee relied, has, at least in part, become the law of the land. Enmund. We have no doubt that Enmund, overturning as it did centuries of law, represents a major change in constitutional law and that we are obligated to revisit this case in order to determine if Enmund prohibits the imposition of the death penalty under the facts and circumstances of this case. We also realize that the United States Supreme Court's denial of appellee's petition for writ of certiorari in 1983, grounded on Enmund more than a year after Enmund issued, would seem to suggest that the Court saw no Enmund implications in the case. Nevertheless, the rule is that "[t]he denial of a writ of certiorari imports no expression of opinion upon the merits of the case, as the bar has been told many times." United States v. Carver, 260 U.S. 482, 490, 43 S.Ct. 181, 182, 67 L.Ed. 361 (1923).

We turn now to the merits: whether Enmund prohibits the imposition of the death penalty under the facts and circumstances of this case. In Enmund, the defendant was convicted on two counts of felony murder (robbery) in the first degree and sentenced to death. The facts were that Enmund and two co-felons set out to rob an elderly couple at an isolated farmhouse; that Enmund remained in the car several hundred feet away while his accomplices undertook the actual robbery; that during the course of the robbery, the two victims unexpectedly resisted and were shot dead by the co-felons; and that the three felons fled the scene together. This Court affirmed the death sentence on the theory that the felony-murder rule and the law of principals combined to make a felon generally responsible for the lethal acts of his co-felons. In doing so, we expressly rejected the argument that the eighth amendment to the United States Constitution barred the imposition of the death penalty when the evidence does not establish that the defendant intended to take life.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Darryl Len Morgan v. State of Florida
Supreme Court of Florida, 2022
State of Florida v. Michael James Jackson
Supreme Court of Florida, 2020
Jordan v. State
81 So. 3d 595 (District Court of Appeal of Florida, 2012)
Gilson v. Sirmons
520 F.3d 1196 (Tenth Circuit, 2008)
Marshall v. Crosby
911 So. 2d 1129 (Supreme Court of Florida, 2005)
Johnson v. State
904 So. 2d 400 (Supreme Court of Florida, 2005)
Hughes v. State
901 So. 2d 837 (Supreme Court of Florida, 2005)
Bottoson v. Moore
824 So. 2d 115 (Supreme Court of Florida, 2002)
Boyd v. State
801 So. 2d 116 (District Court of Appeal of Florida, 2001)
Saucer v. State
779 So. 2d 261 (Supreme Court of Florida, 2001)
Gilson v. State
2000 OK CR 14 (Court of Criminal Appeals of Oklahoma, 2000)
Adams v. State
734 So. 2d 1086 (District Court of Appeal of Florida, 1999)
Hazen v. State
700 So. 2d 1207 (Supreme Court of Florida, 1997)
State v. Fourth Dist. Court of Appeal
697 So. 2d 70 (Supreme Court of Florida, 1997)
Rozier v. State
603 So. 2d 120 (District Court of Appeal of Florida, 1992)
Brown v. State
816 P.2d 818 (Wyoming Supreme Court, 1991)
State v. Howard
49 Fla. Supp. 2d 38 (Florida Circuit Courts, 1991)
State v. Kokal
562 So. 2d 324 (Supreme Court of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
470 So. 2d 1377, 10 Fla. L. Weekly 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-fla-1985.