Winkles v. State

894 So. 2d 842, 2005 WL 67025
CourtSupreme Court of Florida
DecidedJanuary 13, 2005
DocketSC03-935
StatusPublished
Cited by42 cases

This text of 894 So. 2d 842 (Winkles 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
Winkles v. State, 894 So. 2d 842, 2005 WL 67025 (Fla. 2005).

Opinion

894 So.2d 842 (2005)

James Delano WINKLES, Appellant,
v.
STATE of Florida, Appellee.

No. SC03-935.

Supreme Court of Florida.

January 13, 2005.

*843 James Marion Moorman, Public Defender and Paul C. Helm, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL and Carol M. Dittmar, Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

Appellant James Delano Winkles challenges the constitutionality of his convictions and death sentences imposed on each of two counts of first-degree murder. We have jurisdiction, see art. V, § 3(b)(1), Fla. Const. For the following reasons, we affirm Winkles's convictions and sentences.

Factual and Procedural History

This case originates from two abductions that occurred more than twenty years ago. First, on September 9, 1980, having identified an employee of a dog grooming business as his victim, appellant arranged as a ruse for a groomer to come to a vacant house. When a different groomer arrived, the 19-year-old Elizabeth Graham, appellant decided she was sufficiently sexually exciting for his plan. Abducting her at gunpoint, Winkles handcuffed, gagged, and blindfolded her, and put her in his vehicle. He drove Graham to his grandmother's house, where he instilled fear in her by *844 handcuffing her hands and feet and firing several .25 caliber rounds into the floor. He raped Elizabeth multiple times over several days. Finally, after he realized that she knew her location (from his grandmother's magazines), he decided he had to kill her. He drugged her, and when she fell asleep, opened an umbrella over her head to catch the spatter and shot her three times in the head. Winkles burned her clothes and buried her somewhere in Pinellas County.[1] He returned two weeks later, however, fearing someone would discover and identify the body. He removed her head and took it to the Steinhatchee River (in Lafayette County), where he removed the teeth and the lower mandible. Winkles ran water through the skull to be sure no spent bullets remained inside and threw the skull into the river. The skull was discovered in July 1981, and subsequent DNA testing revealed the skull to be Elizabeth Graham's. For many years, Elizabeth's murder remained unsolved.

About a year later, in October 1981, appellant chose Margo Delimon for abduction when he visited a model home where Delimon was the realtor. He asked her out for a drink, which she refused. The next day, however, he arrived at the model home early and asked Delimon out to breakfast, and she agreed. Afterwards, Margo agreed to see some property with appellant. He instead abducted her, handcuffing her and taking her to a vacant house next door to his grandmother's. As in the earlier case, he raped the victim repeatedly over the next several days. On the morning of the fourth day, he realized he had to kill her because she could identify him and the house. He killed her with an overdose of sleeping pills, burned her clothes, and buried her in Pinellas County. About two weeks later, he moved the body to Citrus County. A week after that he dug up her head, removed the teeth, and deposited the skull in Hernando County near an area where his family camped.

The murders of Graham and Delimon remained unsolved until 1998 when appellant, a suspect in the cases then serving a prison sentence, contacted authorities claiming to have information. Stating that he was having nightmares about the murders, over the ensuing months he confessed in detail to kidnapping and murdering the two women. He also provided specific information about the women's personal lives and the location and condition of the victims' remains. He took detectives to the exact location where Delimon's body had been found (Delimon's skull previously had been found exactly where appellant said he disposed of it). Winkles also gave several detailed, videotaped interviews about the murders to a local news channel. Finally, on March 25, 1999, appellant was indicted for the premeditated murders of both women.

Appellant filed a pretrial motion contending that Florida's capital sentencing statute was unconstitutional. The court denied the motion. Preserving the issue for appeal, Winkles pled guilty to the murder charges and waived his right to a jury for the penalty phase of the trial. At the plea hearing, the State was prepared to prove appellant committed the crimes through Winkles's confession and other corroborating evidence, including testimony by Donna Maltby, whom he similarly kidnapped in 1982, but who managed to escape. He was serving a life sentence for this crime[2] when he confessed to the Graham and Delimon murders.

*845 The evidence would have shown that appellant always planned his abductions by identifying a victim, preparing his vehicle by disabling the passenger-side door so that a passenger could not open the door or lower the window, and having handy his "abduction kit" (containing pre-cut lengths of rope, handcuffs, "gags" (fishing bobber corks covered in glass shards or containing razor blades), sleeping pills, bottles of liquor, and Vicks Vaporub to put under his nose to prevent his smelling decaying bodies). He also kept a case containing women's undergarments.

Following the penalty phase as to which appellant waived his right to a jury, the trial court sentenced appellant to death on both counts. As to both counts, the court found the following four aggravating circumstances to be proven beyond a reasonable doubt and ascribed great weight to each: (1) prior conviction of a capital felony or a violent felony (supported in each count by the murder of the other woman, the kidnapping, armed robbery, and aggravated assault convictions resulting from the 1982 Maltby abduction, and 1963 convictions for assault and attempted robbery); (2) murder committed in the course of a kidnapping; (3) murder committed to avoid or prevent lawful arrest; and (4) murder committed in a cold, calculated, and premeditated manner (CCP).

No evidence of statutory mitigating factors was presented, and the court found none in the record. The court considered the following nonstatutory mitigating circumstances, ascribing to each the weight indicated: (1) cooperation with law enforcement by confessing and providing information regarding two unsolved crimes (considerable weight); (2) consecutive life sentences would result in appellant dying in prison (little weight); (3) life sentences would result in no appeals or collateral attacks and save taxpayers money (no weight); (4) by pleading guilty, appellant waived several appellate issues (very little weight); (5) appellant spared victims' families the pain of trial and saved the State the expense of trial (no weight); (6) by confessing, appellant provided victims' families with closure (little weight); (7) appellant used his twenty years' incarceration positively (no weight); (8) appellant was raised by relatives because of his mother's untimely death (not considered because not proven); (9) appellant served in the military (no weight). The court concluded that the aggravating circumstances far outweighed the mitigating circumstances and that the sentence was not disproportionate in comparison to other Florida death penalty cases.

The Constitutional Issues

Winkles argues that Florida's death penalty statute is unconstitutional on two grounds: (1) contrary to the statute, the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct.

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

Related

Barry A. Noetzel v. State of Florida
Supreme Court of Florida, 2021
Robert Craft v. State of Florida
Supreme Court of Florida, 2020
Mesac Damas v. State of Florida
260 So. 3d 200 (Supreme Court of Florida, 2018)
Edward Allen Covington v. State of Florida
228 So. 3d 49 (Supreme Court of Florida, 2017)
Ivory Lee Robinson v. State of Florida
215 So. 3d 1262 (District Court of Appeal of Florida, 2017)
Khadafy Kareem Mullens v. State of Florida
197 So. 3d 16 (Supreme Court of Florida, 2016)
James Robertson v. State of Florida
187 So. 3d 1207 (Supreme Court of Florida, 2016)
Wayne C. Doty v. State of Florida
170 So. 3d 731 (Supreme Court of Florida, 2015)
BURNSIDE (TIMOTHY) VS. STATE (DEATH PENALTY/DIRECT)
2015 NV 40 (Nevada Supreme Court, 2015)
Sanchez-Torres v. State
130 So. 3d 661 (Supreme Court of Florida, 2013)
Gregory v. State
118 So. 3d 770 (Supreme Court of Florida, 2013)
Altersberger v. State
103 So. 3d 122 (Supreme Court of Florida, 2012)
McMillian v. State
94 So. 3d 572 (Supreme Court of Florida, 2012)
Snelgrove v. State
107 So. 3d 242 (Supreme Court of Florida, 2012)
Heyne v. State
88 So. 3d 113 (Supreme Court of Florida, 2012)
Partin v. State
82 So. 3d 31 (Supreme Court of Florida, 2011)
Russ v. State
73 So. 3d 178 (Supreme Court of Florida, 2011)
TAI A. PHAM v. State
70 So. 3d 485 (Supreme Court of Florida, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
894 So. 2d 842, 2005 WL 67025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winkles-v-state-fla-2005.