White v. State

817 So. 2d 799, 2002 WL 500174
CourtSupreme Court of Florida
DecidedApril 4, 2002
DocketSC00-1148
StatusPublished
Cited by57 cases

This text of 817 So. 2d 799 (White 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
White v. State, 817 So. 2d 799, 2002 WL 500174 (Fla. 2002).

Opinion

817 So.2d 799 (2002)

William Melvin WHITE, Appellant,
v.
STATE of Florida, Appellee.

No. SC00-1148.

Supreme Court of Florida.

April 4, 2002.
Rehearing Denied May 16, 2002.

*801 Chandler R. Muller, Winter Park, FL, for Appellant.

Robert A. Butterworth, Attorney General, and Stephen D. Ake, Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

William Melvin White appeals his sentence of death following resentencing. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm the death sentence.

The facts of the crime and procedural history of this case are detailed in White v. State, 729 So.2d 909 (Fla.1999):

[White] was convicted of the first-degree murder of Gracie Mae Crawford. The facts of the crime are detailed in our opinion on direct appeal.
White was a member of a Kentucky chapter of the Outlaws, a motorcycle gang, but was visiting the Orlando chapter. A group of the Outlaws, accompanied by some girl friends, visited an Orlando nightclub where they met Gracie Mae Crawford. Gracie *802 Mae accompanied some of the Outlaws back to their Orlando clubhouse. Soon after returning to the clubhouse, White retired to a bedroom with his girl friend. Sometime thereafter White was called by Richard DiMarino who stated that Crawford liked blacks and that they had to teach her a lesson. White dressed and went into the kitchen area where he joined DiMarino and Guy Ennis Smith in severely beating Crawford. Whether DiMarino or White led the assault is unclear, but one witness testified of White's hitting Crawford with his fist and knocking her to the floor. After the beating, DiMarino and White placed Crawford in the middle of the front seat of White's girl friend's car. White started driving but along the way stopped the car and DiMarino drove the car to the end of a deserted road. (The victim, White and DiMarino had done a lot of drinking that evening, but White's girl friend testified that he knew what he was doing.) After they stopped the car, DiMarino and White pulled Crawford from the car, passed her over a barbed wire fence, and laid her on the ground. White then straddled her, took out his knife, stabbed her fourteen times and slit her throat. He handed the knife to DiMarino who also cut her throat. Crawford died as a result of the wounds inflicted upon her.
While leaving the area White and DiMarino ran out of gas at the Seaworld parking lot and were later identified by Seaworld security guards who had given them gas. White and DiMarino went back and picked up the body of the deceased and thereafter discarded it at a different place. The body was discovered that afternoon.
White v. State, 415 So.2d 719, 719-20 (Fla.1982). After a penalty phase proceeding in which defense counsel proffered no witnesses or evidence, the advisory jury unanimously recommended that appellant be sentenced to death. The trial court, finding that the three aggravating circumstances [n. 1] outweighed the sole statutory mitigating circumstance, [n. 2] sentenced appellant to death in accordance with the unanimous jury recommendation. We affirmed the conviction and sentence. Id. at 719-21. The United States Supreme Court denied certiorari review on November 29, 1982. See White v. Florida, 459 U.S. 1055, 103 S.Ct. 474, 74 L.Ed.2d 622 (1982).

[n. 1]. The trial court found: (1) the murder was committed during the course of a kidnapping; (2) the murder was committed to disrupt or hinder enforcement of laws; and (3) the murder was heinous, wicked, and cruel.

[n. 2]. The trial court found that appellant had no prior violent felony conviction.

Appellant filed [his] initial rule 3.850 motion in 1983. In 1987, while appellant's rule 3.850 motion was pending, the Supreme Court issued its opinion in Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987). Hitchcock held that a Florida jury charge which precluded the trial court and the advisory jury from considering nonstatutory mitigation was unconstitutional. Appellant subsequently filed a petition for habeas relief based on Hitchcock. The trial court stayed further proceedings in this postconviction motion until final disposition of the habeas petition. We rejected appellant's claim for relief, concluding that "[t]he charge which may have limited the jury to a consideration of statutory mitigating *803 circumstance was clearly harmless." White v. Dugger, 523 So.2d 140, 141 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 184, 102 L.Ed.2d 153 (1988). The trial court subsequently held an evidentiary hearing on most of appellant's claims and denied relief on all claims by order. ...

Id. at 910-11.

In White's appeal of the denial of his 3.850 motion, this Court affirmed the trial court's order as to his conviction. See id. at 910. However, on the basis of a Hitchcock error,[1] we vacated White's death sentence and remanded for a new sentencing proceeding before a jury. See id.

On remand, the resentencing jury voted ten to two in favor of imposing the death sentence. In sentencing White to the death penalty, the trial court found four aggravators.[2] The trial court also found and assigned weight to one statutory and nine nonstatutory mitigating factors.[3] In weighing the nature and quality of these aggravators and mitigators, the trial court found that the aggravators greatly outweighed the mitigators.

On appeal to this Court, White raises five issues: (1) the trial court erred in not permitting the cross-examination of the key State witness concerning the underlying facts of the witness's subsequent murder conviction; (2) the trial court erred in finding that the murder was committed to disrupt or hinder the enforcement of laws; (3) the trial court erred in rejecting the statutory mitigating factor that the murder was committed while White was under extreme duress or under the substantial domination of another; (4) the imposition of the death penalty is disproportionate; (5) White's execution, after serving more than twenty-two years on death row, will constitute cruel and unusual punishment.

We summarily reject White's fifth claim, as it has previously been considered and rejected. See Rose v. State, 787 So.2d 786, 805 (Fla.2001) (prolonged delay in imposing death penalty does not constitute cruel and unusual punishment). We now turn to the issues that merit discussion.

I. COLLATERAL EVIDENCE

White claims that the trial court erred in preventing defense counsel's full cross-examination of Richard DiMarino, the State's key witness and the other perpetrator of the 1978 murder of Crawford, regarding the facts underlying the third-degree *804 murder to which DiMarino pled guilty in Maryland in 1990. This Maryland crime occurred twelve years after White was convicted for the first-degree murder of Crawford.

The facts underlying DiMarino's Maryland crime occurred in July 1990, when DiMarino and a codefendant were involved in an incident while riding their motorcycles. Words with two rival biker gang members escalated into a fight with the two rival bikers at an intersection. One of the two rival bikers fled, while DiMarino and a codefendant continued to fight with the remaining biker.

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Bluebook (online)
817 So. 2d 799, 2002 WL 500174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-fla-2002.