Wuornos v. State

676 So. 2d 966, 1995 WL 555302
CourtSupreme Court of Florida
DecidedSeptember 21, 1995
Docket81466
StatusPublished
Cited by14 cases

This text of 676 So. 2d 966 (Wuornos 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
Wuornos v. State, 676 So. 2d 966, 1995 WL 555302 (Fla. 1995).

Opinion

676 So.2d 966 (1995)

Aileen C. WUORNOS, Appellant,
v.
STATE of Florida, Appellee.

No. 81466.

Supreme Court of Florida.

September 21, 1995.
Rehearing Denied June 5, 1996.

*967 James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, and Margene A. Roper, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Aileen C. Wuornos. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Charles E. Carskaddon was last seen alive on May 31, 1990, when he left home on a trip to Tampa in his Cadillac. His body was found in Pasco County on June 6, 1990, in a secluded area. The remains were covered by an electric blanket and a large amount of uprooted tall grass. His vehicle and its contents were found in a separate location on June 6 or 7, 1990. At this time the car apparently was red-tagged by the Florida Highway Patrol and ultimately was towed away on June 13. Sheriff's officers later recovered it.

The body was badly decomposing when found. The medical examiner determined that Carskaddon had died of gunshot wounds. Eight ".20 caliber" bullets were recovered from the body, and the examiner testified that all eight bullets were in regions that could cause death. She could not say which was the fatal bullet. The true height and weight of Carskaddon at the time of death also could not be determined due to decomposition.

Witnesses had seen Aileen Carol Wuornos in possession of Carskaddon's car. Wuornos had pawned a gun identified as belonging to Carskaddon. She also faced charges in several similar murders involving men found dead along the highways of the Central Florida region.

At trial, Wuornos indicated her desire to plead guilty. She complained of unjust pretrial publicity and continued to claim she had killed all of her victims in self-defense. The trial court explained that a guilty plea would eliminate any possibility of relying on self-defense, but Wuornos said she wanted to plead guilty anyway. She asserted she could not get a fair trial. The trial court accepted Wuornos' plea as knowing, intelligent, and voluntary with assistance of competent counsel. A July 14, 1992, date then was set for the penalty phase of trial.

When that date arrived, defense counsel presented a letter from Dr. Harry Krop stating that Wuornos was delusional and incompetent to proceed with trial. The trial court then ordered Wuornos evaluated by Dr. Donald DeBeato and Dr. Joel Epstein. These last two found that Wuornos was competent to stand trial but that she suffered from a personality disorder. Based on these conclusions, the trial court found Wuornos competent to proceed.

In a later hearing, Wuornos informed the trial court that she intended to waive her right to a penalty-phase jury, the right to present mitigating evidence, and her right to be present. The trial court asked defense *968 counsel what mitigating evidence would have been presented. Defense counsel indicated that there would have been arguable evidence of borderline and antisocial personality disorders, emotional distress, impaired capacity, a colorable claim of self-defense, and various nonstatutory factors.

Nevertheless, Wuornos continued to assert her desire to waive presentation of mitigating evidence. She explained that she already had five death sentences and complained that male serial killers only received about two death sentences. She said she didn't care anymore and just wanted to return to death row. Wuornos also rejected the trial court's recommendation that she allow the presentation of mitigating evidence. Based on these factors, the trial court found that Wuornos had waived her right to present mitigation, to have a trial by jury, and to be present during the penalty phase. The defense also waived any objection to the presentation of collateral crimes evidence. In aggravation, the State presented detailed information about several of the other murders and felonies for which Wuornos had been convicted.

The State urged the trial court to find three aggravating factors: prior violent felonies, murder committed during a robbery, and cold and calculated premeditation. The State waived pecuniary gain and witness elimination as possible aggravators.[1] Defense counsel presented no evidence, in keeping with his client's wishes. But he did make closing argument urging the trial court to consider the evidence already in the record of borderline and antisocial personality disorders, a troubled youth, abuse of drugs and alcohol, being lured into prostitution at an early age, and other factors.

At sentencing, Wuornos complained vehemently and profanely about mistreatment. The trial court ultimately threatened to bind and gag her unless she remained quiet, but she was permitted to address the court. In her statement, Wuornos again complained about the sensationalized publicity surrounding her case and asserted she had acted in self-defense.

The trial court found all three aggravating factors asserted by the State. As to mitigating evidence, the trial court found that none existed, either statutory or nonstatutory, and that even if mitigators existed, the case for mitigation was minimal in comparison with the case for aggravation. The trial court specifically rejected Wuornos' claim of self-defense, then sentenced her to death.

As her first issue, Wuornos argues that her guilty plea was improperly taken by the trial court below. It is true that Wuornos failed to move to withdraw her plea, but the failure does not work a procedural bar in the context of a death-penalty case. As we have noted elsewhere, this Court is absolutely required to review the propriety of the judgment of conviction in death-penalty cases, and that duty cannot be defeated by the procedural bar that would apply in judgments resulting in lesser sentences. Koenig v. State, 597 So.2d 256 (Fla.1992). Accordingly, we proceed to the merits of this issue.

We have read the colloquy between Wuornos and the trial court resulting in the acceptance of the guilty plea, and we agree with Wuornos that it failed to meet the standards set by Florida Rule of Criminal Procedure 3.172. This resulted partly from the somewhat combative responses Wuornos herself gave to the court after being placed under oath,[2] and her continued and contradictory assertions that she (1) was guilty and wanted to abandon her right to trial, and (2) that she acted in self-defense in the killing. In particular, the colloquy failed to inform Wuornos of mandatory minimum and maximum penalties, *969 [3] some of the specific trial-related rights she was waiving,[4] her continuing right to collateral review of the conviction,[5] the possibility of perjury charges for untruthful statements to the court,[6] and the possibility of deportation if she were not a United States citizen.[7]

The better procedure is for the trial court to use rule 3.172 as a checklist during the plea colloquy, and we strongly encourage judges to follow this practice. Nevertheless, the rule itself states:

Failure to follow any of the procedures of this rule shall not render a plea void absent a showing of prejudice.

Fla.R.Crim.P. 3.172(i). Florida case law is in accord. Judge Ervin of the First District correctly noted in Fuller v. State, 578 So.2d 887, 889 (Fla. 1st DCA 1991), quashed on other grounds,

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Bluebook (online)
676 So. 2d 966, 1995 WL 555302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wuornos-v-state-fla-1995.