Supreme Court of Florida
____________
No. SC12-1762
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ARTHUR JAMES MARTIN,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
[September 24, 2014]
PER CURIAM.
This case is before the Court on appeal from a judgment of conviction of
first-degree murder and a sentence of death. We have jurisdiction. See art. V,
§ 3(b)(1), Fla. Const. Arthur James Martin (Martin) was convicted in Duval
County of first-degree murder in the 2009 death of Javon Daniels (Daniels). For
the reasons expressed in this opinion, we affirm Martin’s conviction and his
sentence of death. We begin by setting forth the facts of this case and then discuss
the issues that Martin raises in this direct appeal. We conclude by addressing both
the sufficiency of the evidence on which the jury relied to convict Martin and the
proportionality of Martin’s sentence of death.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
Two days before the murder, Martin’s friend and codefendant Franklin Batie
(Batie) was involved in a shooting where he was grazed on the back of the head
and neck. On October 28, 2009, the day of the murder, Batie drove Martin to the
Weber 5B Apartments in Jacksonville so that Martin could visit someone. Batie
drove his car, a white Ford, to the apartment complex, and he remained in the car
while Martin got out of the car and engaged in conversation. In the back seat of
the Ford was Batie’s loaded .45 caliber handgun. The gun was equipped with a
thirty-round magazine.
While Batie remained in the car and waited for Martin, he noticed a white
sport utility vehicle (SUV) and thought that he recognized the driver of the SUV as
the person who shot him days earlier. Batie retrieved his gun from the backseat
and mentioned to Martin that he possibly recognized the driver as having tried to
shoot him. Martin then took Batie’s gun and went to the driver’s side of the SUV
and began firing multiple shots at the driver, nineteen-year-old Daniels. When
Daniels tried to escape through the passenger side of the SUV, Martin walked
around the front of the SUV to the passenger side and continued firing.
Eyewitness Sebastian Lucas testified that upon reaching the passenger side, Martin
“shot him [Daniels] back down in the car.” When Martin finished shooting, he
walked back to the Ford, and Batie drove Martin home. Daniels died at the scene.
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Batie drove home to Starke, Florida, where he disposed of his Ford and began
driving another vehicle. The murder weapon was never located.
Following the murder, detectives interviewed multiple eyewitnesses who
viewed photo spreads of possible suspects and identified Martin as the shooter.
Some of the witnesses did not know Martin by his given name but by his
nicknames, “Beer Belly” or “Shorty Fat.” Martin was arrested several days after
the murder, and a grand jury later indicted him for first-degree murder. Three days
after Martin’s arrest, Batie was arrested in Starke. Batie later entered a guilty plea
to second-degree murder. After the conclusion of Martin’s trial, Batie was
sentenced to ten years’ imprisonment for his role in the murder.
Martin’s case proceeded to a jury trial in 2012. The presentation of evidence
during the guilt phase occurred solely during the State’s case-in-chief. The State
presented eyewitness testimony in addition to testimony from the medical
examiner and law enforcement officers. Multiple eyewitnesses, including
codefendant Batie, testified and identified Martin as the person who shot Daniels.
One of the eyewitnesses, Tasheana Hart, testified that in the days following the
murder, Martin asked her “not to tell” what she saw on the day of the murder and
offered her money in exchange for her silence.
The medical examiner, Dr. Valerie Rao, testified that Daniels sustained a
total of twelve gunshot wounds. Daniels was shot in his left hand, left arm, right
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arm, left side, right side, right thigh, and chest. Four of the gunshot wounds
produced fatal injuries to Daniels’ lungs, heart, liver, and stomach. Daniels
endured significant internal and external bleeding, and a total of 700 cubic
centimeters of blood was collected from his chest cavity. The gunshot wounds to
each of Daniels’ arms broke the humerus in each arm, and the gunshot wound to
his left hand broke two of the bones in his hand. These broken bones incapacitated
Daniels and left him incapable of completing his attempted escape from the SUV.
At the conclusion of the State’s case-in-chief, the defense rested without
presenting evidence. After the jury deliberated and returned with a guilty verdict,
the case proceeded to the penalty phase. During the penalty phase, in its initial
case, the State presented two victim impact witnesses. The defense also stipulated
to Martin’s conviction for second-degree murder.
In its penalty phase case, the defense presented the testimony of three
witnesses: Martin’s mother, sister, and court-appointed mental health expert.
Martin’s mother and sister testified about Martin’s personal life, including his
childhood, family relationships, overall demeanor, work ethic, and health.
Martin’s mental health expert was Dr. Stephen Bloomfield, a psychologist.
Dr. Bloomfield testified that he reviewed background records, visited with Martin
in jail, and administered psychological testing. Dr. Bloomfield also interviewed
multiple witnesses, including Martin’s mother and sister. Although Dr. Bloomfield
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testified that he reviewed thousands of pages of records, he was unable to conduct
an exhaustive review of Martin’s Miami-Dade Public Schools records because the
majority of the records were destroyed by the school district as a matter of course
when Martin reached twenty-five years of age.
In order to evaluate Martin’s IQ, in 2011, Dr. Bloomfield administered the
Wechsler Adult Intelligence Scale, fourth edition, or the WAIS-IV. He also tried
to administer the Wide Range Achievement Test 4 (WRAT-4), but Martin was
unable to complete the test. Dr. Bloomfield testified that Martin’s WAIS-IV full-
scale IQ score of 54 placed him in the mildly mentally retarded range. However,
Dr. Bloomfield was unable to diagnose Martin as mentally retarded because he was
unable to determine the onset of mental retardation prior to age 18 nor Martin’s
adaptive functioning prior to age 18.1
Dr. Bloomfield testified that Martin’s Florida Department of Corrections
(DOC) records revealed multiple mental health evaluations and IQ screening tests.
According to those records, although Martin never showed signs of significant
mental or emotional deficits and never demonstrated that he was incapable of
living in the general population, he was deemed “low functioning.” DOC records
1. Effective July 1, 2013, the term “mentally retarded” has been replaced
with the term “intellectually disabled,” and the term “mental retardation” has been
replaced with the term “intellectual disability.” See § 921.137, Fla. Stat. (2013).
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documented that between 1992 and 2008, Martin took four IQ screening tests, with
scores ranging from a low of 58 in 2002 to a high of 94 in 2008.2
Dr. Bloomfield concluded that Martin has low cognitive functioning, is
functionally illiterate, and suffers from a learning disability because of his inability
to read. Dr. Bloomfield observed that Martin’s grades in school were mixed and
that Martin had numerous absences and caused frequent disruptions. However,
Dr. Bloomfield conceded that Martin’s grades were not necessarily due to a lack of
intellectual capability but due to his disruptive behavior and absences from school.
In rebuttal, the State offered the testimony of Miami-Dade Police
Department Detective Chris Stroze. Detective Stroze was involved in a 1998
murder investigation that led to Martin’s conviction for second-degree murder.
Detective Stroze testified that Martin did not have any problems reading or
understanding the waiver form that advised him of his constitutional rights.
At the conclusion of the penalty phase, by a nine-to-three vote, the jury
recommended that Martin be sentenced to death. A Spencer3 hearing followed,
where both parties offered additional argument but did not present additional
2. In 1992, Martin scored a 71 on the WAIS-R. In 2002, he scored a 58 on
the Beta-2-R. In 2008, he scored a 64 on the Beta 3 and a 94 on the WAIS-I.
Dr. Bloomfield observed that the WAIS-IV that he administered to Martin was
Martin’s only full-scale IQ test.
3. Spencer v. State, 615 So. 2d 688 (Fla. 1993).
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evidence. At the sentencing hearing, the trial court sentenced Martin to death,
having found that sufficient aggravating circumstances existed to warrant the death
penalty and that the aggravating circumstances outweighed any mitigating
circumstances. The trial court found three aggravating circumstances and assigned
each one great weight: (1) prior violent felony; (2) the murder was especially
heinous, atrocious, or cruel (HAC); and (3) the murder was cold, calculated, and
premeditated (CCP). The trial court also found one statutory mitigating
circumstance: Martin’s age at the time of the murder (40 years of age), to which it
assigned slight weight based on minimal evidence of Martin’s significant
emotional immaturity. Additionally, the trial court evaluated fourteen nonstatutory
mitigating circumstances proposed by the defense,4 and it found two other
mitigating circumstances that were not proposed by the defense but were supported
4. The trial court findings as to the nonstatutory mitigating circumstances
proposed by Martin are as follows: (1) Martin is functionally illiterate (slight
weight); (2) Martin has a learning disability (slight weight); (3) Martin has low
cognitive functioning (some weight); (4) Martin suffered a lifetime of poor health,
including asthma, diabetes, and sleep apnea (slight weight); (5) Martin was a
loving and caring son (slight weight); (6) Martin was a hard worker (slight weight);
(7) Martin was generous (slight weight); (8) Martin was reverent (slight weight);
(9) Martin was a loving and caring brother (slight weight); (10) Martin’s love of
work was often thwarted by his poor physical health (very slight weight);
(11) Martin’s childhood was plagued by the excessive alcohol consumption and
fighting of his parents (some weight); (12) Martin was respectful to the judge and
other officers of the court (very slight weight); (13) sentencing Martin to death is
disproportionate and disparate given Batie’s sentence to life imprisonment
(rejected as not proven); and (14) the jury recommendation was not unanimous
(proven, but no weight assigned).
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by the record.5 The trial court concluded in part: “Despite the existence of
mitigating factors and the weight assigned to each by this Court, the nature and
quality of those factors pales in comparison to the enormity of the aggravating
circumstances in this case.” In this direct appeal, Martin raises four issues that
attack the validity of his death sentence.
ISSUES ON APPEAL
Martin raises the following issues in this appeal: (1) whether the trial court
made improper findings of fact and gave insufficient consideration in mitigation to
Martin’s intellectual functioning; (2) whether the trial court failed to consider, find,
and weigh as a mitigating circumstance that Martin had a history of drug and
alcohol abuse; (3) whether the trial court erred in finding that the homicide was
committed in a cold, calculated, and premeditated manner and was especially
heinous, atrocious, or cruel; and (4) whether Florida’s death penalty scheme is
unconstitutional under Ring v. Arizona, 536 U.S. 584 (2002), and therefore
unconstitutionally imposed. We address each of these issues in turn. We then
discuss, as in every direct appeal, the sufficiency of the evidence and the
5. The trial court found the following nonstatutory mitigating circumstances
that were not proposed by the defense: (1) Martin had temper issues (slight
weight); and (2) when Martin was a child, he was attacked by other children (slight
weight).
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proportionality of Martin’s sentence of death. As we discuss below, we affirm
Martin’s conviction and his sentence of death.
Mental Health Mitigation
Martin contends that the trial court made erroneous findings of fact with
respect to his IQ score and that as a result, the court did not properly weigh his low
cognitive functioning as a mitigating circumstance. Martin also maintains that
despite the fact that Dr. Bloomfield was unable to diagnose him as mentally
retarded, his IQ score of 54, standing alone, is entitled to additional weight.
In every case, when determining the appropriateness of a sentence of death,
“trial courts are required to consider all mitigating evidence presented by the
defendant and supported by the record.” Griffin v. State, 820 So. 2d 906, 913
(Fla. 2002) (citing Walker v. State, 707 So. 2d 300, 318 (Fla. 1997)). We have
explained:
When addressing mitigating circumstances, the sentencing
court must expressly evaluate in its written order each mitigating
circumstance proposed by the defendant to determine whether it is
supported by the evidence and whether, in the case of nonstatutory
factors, it is truly of a mitigating nature.
Campbell v. State, 571 So. 2d 415, 419 (Fla. 1990) (citations and footnotes
omitted). Moreover, a “trial court must find as a mitigating circumstance each
proposed factor that has been established by the greater weight of the evidence and
that is truly mitigating in nature.” Coday v. State, 946 So. 2d 988, 1003 (Fla.
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2006). “The weight assigned to a mitigating circumstance is within the trial
court’s discretion” and is reviewed for an abuse of discretion. Harris v. State, 843
So. 2d 856, 868 (Fla. 2003) (citing Rogers v. State, 783 So. 2d 980 (Fla. 2001)).
This Court will uphold each of the trial court’s findings that are supported by
competent, substantial evidence in the record. See Lebron v. State, 982 So. 2d
649, 660 (Fla. 2008).
Competent, substantial evidence supports the trial court’s finding of
Martin’s low cognitive functioning as a nonstatutory mitigating circumstance.
However, Martin argues that the trial court made improper factual findings
regarding his IQ and consequently failed to assign his low cognitive functioning
the weight to which it was entitled. He contends that footnote six in the trial
court’s sentencing order reflects the court’s improper findings and supports his
argument. The footnote reads:
6. Dr. Bloomfield found that the Defendant was competent to
stand trial, and could not diagnose the Defendant as mentally retarded.
Dr. Bloomfield administered the WAIS-R to the Defendant, and he
registered with an IQ of 71. However, Dr. Bloomfield’s research
revealed that one of the Defendant’s prior IQ tests resulted in [a] score
of 94.
The trial court did incorrectly state that Dr. Bloomfield administered the WAIS-R.
Dr. Bloomfield administered only the WAIS-IV in 2011. However, Martin did
score a 71 on the WAIS-R as administered in 1992; the test simply was not
administered by Dr. Bloomfield. Thus, the trial court’s misstatement constitutes
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harmless error. See Merck v. State, 975 So. 2d 1054, 1066 n.5 (Fla. 2007)
(“Factual errors in a sentencing order are subject to harmless error analysis.”);
Griffin, 820 So. 2d at 914 (concluding that “a full reading of the trial court’s order
reveals” a thorough consideration of the nonstatutory mitigating circumstance
proposed by the defendant).
The weight assigned by the trial court to Martin’s low cognitive functioning
does not reflect an abuse of the court’s discretion. In sum, the trial court evaluated
a total of sixteen nonstatutory mitigating circumstances. Only two of them,
Martin’s low cognitive functioning and the impact of his parents’ behavior on his
childhood, were assigned some weight. Most of the nonstatutory mitigating
circumstances were assigned slight weight, and the remainder were assigned very
slight weight, no weight, or rejected as not proven. These assignments of weight
demonstrate that the trial court recognized the significance of Martin’s low
cognitive functioning. The trial court did not abuse its discretion in affording some
weight to this nonstatutory mitigating circumstance. See Merck, 975 So. 2d at
1065-66 (concluding that Merck’s challenge to the weight assigned to established
nonstatutory mitigating circumstances was not “unreasonable or arbitrary given the
entirety of the evidence presented.”).
Martin further contends that his IQ score of 54 is itself entitled to additional
weight and argues that “evidence supporting a defendant’s mental retardation, even
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if such evidence does not meet the statutory legal requirement for mental
retardation, is entitled to be recognized as carrying additional significance and
weight.” Martin contends that just as a defendant’s age may be a bar to execution,
his IQ score, as evidence of mental retardation, should serve a similar function.
Given the evidence presented, the trial court properly considered Martin’s IQ score
of 54 in conjunction with evidence of his low cognitive functioning.
Consequently, Martin is not entitled to relief.
History of Drug and Alcohol Abuse as Mitigation
Martin also argues that the trial court failed to consider, find, and weigh as a
mitigating circumstance that he had a history of drug and alcohol abuse. Prior to
sentencing, Martin proposed a list of fourteen nonstatutory mitigating
circumstances. However, the list did not include Martin’s history of substance
abuse. The State argues that Martin was obligated to present his history of
substance abuse to the court for consideration as a nonstatutory mitigating
circumstance. The State is correct, and Martin is not entitled to relief on this
claim.
Although the trial court did evaluate two nonstatutory mitigating
circumstances that Martin did not propose, this Court has stated that a defendant
“must raise a proposed nonstatutory mitigating circumstance before the trial court
in order to challenge on appeal the trial court’s decision about that nonstatutory
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mitigating factor.” Davis v. State, 2 So. 3d 952, 962 (Fla. 2008) (citing Lucas v.
State, 568 So. 2d 18, 23-24 (Fla. 1990)). We have explained that:
Because nonstatutory mitigating evidence is so individualized, the
defense must share the burden and identify for the court the specific
nonstatutory mitigating circumstances it is attempting to establish.
This is not too much to ask if the court is to perform the meaningful
analysis required in considering all the applicable aggravating and
mitigating circumstances.
Lucas, 568 So. 2d at 24. Because this burden applies to Martin, and he failed to
propose his history of drug and alcohol abuse as a nonstatutory mitigating
circumstance, he is not entitled to relief.
Trial Court’s Findings of HAC and CCP
Additionally, Martin contends that the trial court erred in finding as
aggravating circumstances that the homicide was committed in a cold, calculated,
and premeditated manner (CCP) and was especially heinous, atrocious, or cruel
(HAC). This Court has previously explained the standard of review that applies to
the review of a trial court’s finding of aggravating circumstances:
When reviewing a trial court’s finding of an aggravator, “it is not this
Court’s function to reweigh the evidence to determine whether the
State proved each aggravating circumstance beyond a reasonable
doubt—that is the trial court’s job.” Aguirre-Jarquin v. State, 9 So. 3d
593, 608 (Fla. 2009) (quoting Willacy v. State, 696 So. 2d 693, 695
(Fla. 1997)), cert. denied, [559 U.S. 942], 130 S. Ct. 1505,
176 L. Ed. 2d 118 (2010). Rather, it is this Court’s task on appeal “to
review the record to determine whether the trial court applied the right
rule of law for each aggravating circumstance and, if so, whether
competent substantial evidence supports its finding.” Id. (quoting
Willacy, 696 So. 2d at 695).
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Williams v. State, 37 So. 3d 187, 195 (Fla. 2010). We reject both Martin’s claim
that the murder of Daniels was not heinous, atrocious, or cruel and his claim that
the murder was not cold, calculated, and premeditated; thus, we affirm the trial
court’s finding of these aggravating circumstances. We now discuss HAC and
CCP in turn.
HAC
Martin argues that the murder of Daniels, which was the result of multiple
gunshots, did not rise to the level required of a finding that a murder is especially
heinous, atrocious, or cruel. This Court has explained the HAC aggravating
circumstance as follows:
It is our interpretation that heinous means extremely wicked or
shockingly evil; that atrocious means outrageously wicked and vile;
and, that cruel means designed to inflict a high degree of pain with
utter indifference to, or even enjoyment of, the suffering of others.
What is intended to be included are those capital crimes where the
actual commission of the capital felony was accompanied by such
additional acts as to set the crime apart from the norm of capital
felonies—the conscienceless or pitiless crime which is unnecessarily
torturous to the victim.
State v. Dixon, 283 So. 2d 1, 9 (Fla. 1973) (superseded by statute on other grounds
as stated in State v. Dene, 533 So. 2d 265, 267 (Fla. 1988)). With regard to
shooting deaths in particular, this Court has stated that “murder by shooting, when
it is ordinary in the sense that it is not set apart from the norm of premeditated
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murders, is as a matter of law not heinous, atrocious, or cruel.” Lewis v. State, 398
So. 2d 432, 438 (Fla. 1981).
However, “means and manner in which the death is inflicted upon the victim
and the victim’s perceptions of the surrounding circumstances” may warrant a
finding of HAC. McGirth v. State, 48 So. 3d 777, 794 (Fla. 2010). In determining
whether a murder is especially heinous, atrocious, or cruel, “the victim’s mental
state may be evaluated . . . in accordance with a common-sense inference from the
circumstances.” Swafford v. State, 533 So. 2d 270, 277 (Fla. 1988). “[F]ear,
emotional strain, and terror of the victim during the events leading up to the
murder may make an otherwise quick death especially heinous, atrocious, or
cruel.” Heyne v. State, 88 So. 3d 113, 122 (Fla.) (quoting Lynch v. State, 841 So.
2d 362, 369 (Fla. 2003)), cert. denied, 133 S. Ct. 574 (2012). Moreover, “this
Court has ‘affirmed findings of HAC where defensive wounds revealed awareness
of impending death.’ ” Williams, 37 So. 3d at 200 (quoting Guardado v. State,
965 So. 2d 108, 116 (Fla. 2007)).
In this case, the trial court explained its finding of HAC as follows:
The evidence showed that the Defendant approached the
vehicle Javon Daniels was in and began shooting into the driver’s
side. Seven shots were fired at point-blank range. Mr. Daniels
attempted to escape the vehicle and the onslaught of bullets by
crawling over the passenger seat and out the door. However, the
Defendant walked around [the] vehicle, firing one shot into the
windshield, and then several more into the passenger’s side, tracking
the victim as he tried to escape the hailstorm of bullets and shooting
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him “back down into the car.” The victim had defensive wounds to
his hand and both arms, as his left hand bones and both his humeri
were broken by bullets. Mr. Daniels died in the vehicle, with his foot
wedged against the gear shift lever, and his body face down across the
passenger seat, leaning against the passenger door.
The trial court discussed the multiple gunshot injuries sustained by Daniels, and it
noted Dr. Rao’s testimony that Daniels’ death would not have been instantaneous
and would have been painful. The trial court also noted that Daniels sustained a
defensive wound, suffered substantial internal bleeding, and was awake and alert
when he was shot. The trial court then concluded:
This Court is cognizant that gunshot deaths are usually
instantaneous and do not typically qualify as being heinous, atrocious,
or cruel, unless accompanied by acts of mental or physical torture to
the victim. Diaz v. State, 860 So. 2d 960, 966 (Fla. 2003). However,
the evidence established that Mr. Daniels’ death was not easy and
instantaneous, but instead Mr. Daniels suffered through an agonizing,
slow, and painful death. According to Dr. Rao, the death would have
been a slow process of internal bleeding due to the fatal shots to the
heart, lungs, and liver. Mr. Daniels endured the assailment of bullets
to his back, and attempted to escape through the passenger side of the
vehicle. However, Mr. Daniels’ attempt to escape was to no avail, as
the Defendant tracked him around the vehicle and continued his
attack. Mr. Daniels tried to shield himself from the bullets and
sustained defensive wounds, as evidenced by his fractured humeri and
hand. Certainly, Mr. Daniels was acutely aware of his impending
death, and the Defendant, never ceasing in his attack while Mr.
Daniels attempted to escape, was utterly indifferent to his fear and
suffering. Based on the totality of the evidence, this Court finds that
this aggravating circumstance was proven beyond a reasonable doubt.
This aggravating circumstance has been given great weight in
determining the appropriate sentence to be imposed.
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As observed by the trial court and observed by both parties, cases involving
gunshot deaths do not usually satisfy the requirements of HAC. However, the
record in this case reveals competent, substantial evidence relating to the means
and manner of Daniels’ shooting death and his perceptions of the surrounding
circumstances, such that the trial court’s finding of HAC is warranted. See
McGirth, 48 So. 3d at 777; Swafford, 533 So. 2d at 277.
Martin argues that the twelve gunshots that Daniels sustained were the
product of random gunfire and were not the result of his intent to torment Daniels.
We disagree. Martin’s conduct reflects the utter indifference to Daniels’ suffering
that supports a finding of this aggravating circumstance. While firing multiple
gunshots, Martin walked from one side of the vehicle to the other and shot Daniels
“back down in the car” to prevent his escape from the SUV. The crime scene
photos, corroborated by the testimony of multiple eyewitnesses, track Martin’s trail
of gunshots from the driver’s side of the SUV around to the passenger side.
Moreover, Daniels was alive and conscious during the attack. Dr. Rao’s
testimony to this effect is supported by the crime scene photos that reveal Daniels’
futile attempt to escape. At the time that the shooting began, Daniels was sitting in
the driver’s seat of the SUV. However, when his body was discovered, his left leg
was caught between the front console and the gear shift, and the rest of his body
was slumped in the passenger seat. The bloody passenger window found on the
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ground outside of the SUV and the blood stains dripping down the outside of the
passenger door also reflect Daniels’ desperate attempt to save himself. Further, as
he tried to shield himself from the hail of gunshots, Daniels sustained a defensive
gunshot wound that broke two bones in his left hand. Dr. Rao testified that these
broken bones rendered his hand useless as he tried to escape the SUV.
Martin’s conduct and Daniels’ perceptions of the surrounding circumstances
reflect the utter indifference and cruelty that justify the trial court’s finding of
HAC. We affirm the trial court’s finding of HAC, which is supported by
competent substantial evidence.
CCP
Martin challenges the trial court’s finding that the murder of Daniels was
cold, calculated, and premeditated. “The CCP aggravator pertains specifically to
the state of mind, intent, and motivation of the defendant,” Wright v. State, 19 So.
3d 277, 298 (Fla. 2009) (citing Brown v. State, 721 So. 2d 274, 277 (Fla. 1998)),
and a finding of CCP is subject to the following four-part test:
(1) the killing must have been the product of cool and calm reflection
and not an act prompted by emotional frenzy, panic, or a fit of rage
(cold); and (2) the defendant must have had a careful plan or
prearranged design to commit murder before the fatal incident
(calculated); and (3) the defendant must have exhibited heightened
premeditation (premeditated); and (4) there must have been no
pretense of moral or legal justification.
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Lynch v. State, 841 So. 2d 362, 371 (Fla. 2003). Martin does not challenge the
trial court’s conclusion that there was no pretense of moral or legal justification.
However, Martin maintains that the murder was the result of the impulsive actions
of “a man who suffers from intellectual deficiencies in the mentally retarded
range,” and that the murder lacked the requisite “reflection, calculation, or
preplanning” that is necessary for a finding of CCP. Because competent,
substantial evidence supports the trial court’s finding of this aggravating
circumstance, we affirm.
In its detailed sentencing order, the trial court concluded the following
regarding CCP:
The evidence presented at trial proved beyond a reasonable
doubt the existence of this aggravating circumstance. First, the
Defendant’s actions were a product of cool and calm reflection, in that
no evidence was presented which indicated his actions were prompted
by emotional frenzy, panic, or a fit of rage. Second, the Defendant
planned to murder Mr. Daniels when he retrieved the .45 caliber pistol
from Mr. Batie’s car. Third, the Defendant exhibited heightened
premeditation. The Defendant could have left Mr. Daniels after firing
the first round of shots into the driver’s side of the vehicle. Instead,
the Defendant tracked Mr. Daniels around the car as he attempted to
escape the vehicle, firing once into the windshield, and firing several
times into the passenger’s side. The Defendant ultimately fired at
least thirteen shots, and did not stop firing until he was sure he
completed his objective. Finally, the Defendant had no pretense of
moral or legal justification for the murder.
Overall, the totality of the circumstances indicate that the
Defendant carried out Mr. Daniels’ murder in a cold, calculated, and
premeditated manner. The Defendant was told a rumor that
Mr. Daniels was the person who caused Mr. Batie to be grazed by a
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bullet. The Defendant then armed himself with a .45 caliber pistol
with an extended magazine and approached Mr. Daniels. The
Defendant’s intent was not just to commit a felony, it was to kill.
After the Defendant fired six shots into the driver’s side of the
vehicle, he continued to follow Mr. Daniels around the vehicle as Mr.
Daniels tried to escape. The Defendant could have stopped shooting
and left Mr. Daniels, but did not. See Lynch, 841 So. 2d at 372-73
(upholding the trial court’s finding that the murder was calculated
where the defendant had time to reflect between firing the first shot
and the final fatal shot). The Defendant was not prompted by frenzy,
panic, or rage, and Mr. Daniels did nothing to provoke the Defendant.
By all appearances, this murder was carried out as a matter of course.
This aggravating circumstance has been given great weight in
determining the appropriate sentence to be imposed.
(Footnote omitted).
When evaluating whether a murder was cold, calculated, and premeditated,
“the focus . . . is the manner of the killing . . . .” Bell v. State, 699 So. 2d 674, 678
(Fla. 1997) (citing Sweet v. State, 624 So. 2d 1138, 1142 (Fla. 1993)). Contrary to
Martin’s argument, the totality of the circumstances clearly reflects CCP. See
Hudson v. State, 992 So. 2d 96, 116 (Fla. 2008) (citing Wike v. State, 698 So. 2d
817, 823 (Fla. 1997)). After arming himself with the .45 caliber pistol, Martin
approached the driver’s side of the SUV and began firing at Daniels. Panicked by
the gunfire that was targeting him, Daniels desperately tried to escape through the
passenger side of the vehicle. Undeterred, Martin walked to the front of the SUV,
fired another shot, and proceeded to the passenger side where he finished shooting
Daniels.
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Although this sequence of events evolved rather quickly, Martin’s act of
tracking Daniels to prevent Daniels’ escape from the SUV contradicts any
suggestion that Martin’s actions were merely impulsive and lacking reflection and
calculation. Quite the contrary, instead of retreating after firing into the driver’s
side of the SUV, Martin walked several feet to the other side of the SUV to finish
what he started. All the while, Daniels desperately tried to escape Martin’s hail of
gunfire. Martin’s deliberately ruthless act demonstrates the heightened
premeditation that is necessary to support the trial court’s finding of CCP. See
Fennie v. State, 648 So. 2d 95, 99 (Fla. 1994) (“[Defendant’s] actions, therefore,
exude the deliberate ruthlessness necessary to raise his premeditation above that
generally required for premeditated first-degree murder.”). The trial court’s
finding of CCP was based on the application of the correct rule of law and was
supported by competent substantial evidence. Consequently, we affirm.
Ring Claim
Further, Martin argues that Florida’s death penalty scheme is
unconstitutional under Ring v. Arizona, 536 U.S. 584 (2002), and is therefore
unconstitutionally imposed. Martin also invites this Court to reconsider its
holdings in Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002), and King v. Moore,
831 So. 2d 143 (Fla. 2002). We conclude that Martin’s Ring claim is without
merit, and we decline to reconsider Bottoson and King.
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This Court has consistently held that where a defendant has been convicted
of a prior violent felony, the requirement in Ring is satisfied. See Merck, 975 So.
2d at 1067 (“This Court has held that the requirement that the jury make all of the
findings necessary to enhance a defendant’s sentence is satisfied where one of the
aggravators is the prior violent felony aggravator.”). In December 2001, Martin
pled guilty to second-degree murder with a deadly weapon. Thus, Ring is
satisfied. See id.
Moreover, this Court has rejected similar challenges to the constitutionality
of Florida’s death penalty statute and invitations to reconsider Bottoson and King.
See Peterson v. State, 94 So. 3d 514, 538 (Fla.) (“We have consistently rejected
claims that Florida’s death penalty statute is unconstitutional. Peterson has not
presented any argument that requires us to reconsider this precedent.”) (citations
omitted), cert. denied, 133 S. Ct. 793 (2012). Therefore, Martin is not entitled to
relief.
Sufficiency of the Evidence
As we are bound to do in every death case, we evaluate the sufficiency of
the evidence on which the State relied to convict Martin. Although Martin does
not challenge the sufficiency of the evidence on which the State relied to obtain its
conviction, this Court must independently evaluate each death case for sufficiency
of the evidence relied upon to convict the defendant. See Caylor v. State,
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78 So. 3d 482, 500 (Fla. 2011). “In conducting this review, we view the evidence
in the light most favorable to the State to determine whether a rational trier of fact
could have found the existence of the elements of the crime beyond a reasonable
doubt.” Rodgers v. State, 948 So. 2d 655, 674 (Fla. 2006) (citing Bradley v. State,
787 So. 2d 732, 738 (Fla. 2001)). In this case, there is sufficient evidence to
sustain Martin’s conviction.
The record reveals the following. At Martin’s request, Batie took Martin to
the Weber 5B Apartments. While at the apartment complex, Batie mentioned to
Martin the possibility that the person in the SUV was the person who shot him
(Batie) two days earlier. Martin took Batie’s gun, approached the SUV, and began
shooting Daniels. Batie was not the only eyewitness to the murder who implicated
Martin; multiple eyewitnesses also identified Martin as the shooter. In sum, six
witnesses who identified Martin as the shooter testified at trial. Moreover, Martin
attempted to convince eyewitness Hart to remain silent about what she witnessed.
The consistent testimony of multiple eyewitnesses placed Martin at the
scene of the crime and identified him as the sole person who shot Daniels.
Moreover, Martin made statements after the fact that expressed consciousness of
guilt. Thus, there is sufficient evidence to affirm Martin’s conviction for first-
degree murder.
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Proportionality of Martin’s Death Sentence
“Due to the uniqueness and finality of death, this Court addresses the
propriety of all death sentences in a proportionality review.” Hurst v. State,
819 So. 2d 689, 700 (Fla. 2002). This Court’s proportionality review involves “a
comprehensive analysis in order to determine whether the crime falls within the
category of both the most aggravated and the least mitigated of murders, thereby
assuring uniformity in the application of the sentence.” Offord v. State, 959 So. 2d
187, 191 (Fla. 2007) (quoting Anderson v. State, 841 So. 2d 390, 407-08
(Fla. 2003)). “This entails ‘a qualitative review . . . of the underlying basis for
each aggravator and mitigator rather than a quantitative analysis.’ ” Id. (quoting
Urbin v. State, 714 So. 2d 411, 417 (Fla. 1998)). Thus, in determining whether a
death sentence is proportional, this Court does not simply compare the number of
aggravating circumstances versus the number of mitigating circumstances. See id.
We conclude that Martin’s death sentence is proportional to similar cases where
the sentence of death has been imposed.
The trial court found three aggravating circumstances in this case: prior
violent felony, HAC, and CCP. Each of these aggravating circumstances is among
the weightiest in Florida’s death penalty scheme. This Court has repeatedly
identified HAC and CCP as “two of the most serious aggravators set out in the
statutory sentencing scheme.” Larkins v. State, 739 So. 2d 90, 95 (Fla. 1999).
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“Similarly, the prior violent felony aggravator is considered one of the weightiest
aggravators.” Silvia v. State, 60 So. 3d 959, 974 (Fla. 2011) (citing Sireci v.
Moore, 825 So. 2d 882, 887 (Fla. 2002)). In this case, the prior violent felony
aggravating circumstance is based on Martin’s conviction of a non-
contemporaneous second-degree murder. What is more, Martin had not been
released from prison for that murder for a full five months when he murdered
Daniels.
We note that although codefendant Batie received a sentence of
imprisonment for second-degree murder, Batie’s sentence does not render Martin’s
death sentence disproportionate. “This Court has repeatedly stated that, when the
defendant is the shooter, the death penalty is not disproportionate even though a
codefendant received a lesser sentence.” Armstrong v. State, 642 So. 2d 730,
739-40 (Fla. 1994). See also Mordenti v. State, 630 So. 2d 1080 (Fla. 1994).
This Court has upheld death sentences with comparable findings of
aggravating and mitigating factors. For example, in Lynch, we affirmed the
defendant’s death sentences where the trial court found three aggravating
circumstances as to each murder. Similar to the present case, in Lynch, the trial
court’s finding of one statutory mitigating circumstance and multiple nonstatutory
mitigating circumstances did not render either death sentence disproportionate.
Lynch, 841 So. 2d at 377.
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We have also affirmed death sentences with less aggravation than the
present case. For example, in Heath v. State, 648 So. 2d 660 (Fla. 1994), the trial
court found two aggravating circumstances: “Heath was previously convicted of
second-degree murder; and the murder was committed during the course of an
armed robbery.” Id. at 663 (footnote omitted). In addition to two nonstatutory
mitigating circumstances, the trial court also found one statutory mitigating
circumstance, that Heath was under the influence of extreme mental or emotional
disturbance. Id. Similar to the present case, Heath also involved a codefendant
that received a sentence of imprisonment. Id. This Court upheld Heath’s death
sentence, and it also expressly rejected Heath’s challenge to the disparity between
his death sentence and his codefendant’s sentence of imprisonment. Id. See also
Hayes v. State, 581 So. 2d 121, 123-24 (Fla. 1991) (upholding the death penalty
where the trial court found two aggravating circumstances, one statutory mitigating
circumstance, and nonstatutory mitigating circumstances including that the
defendant “is of low intelligence” and “developmentally learning disabled”).
Although the trial court in Martin’s case found the existence of more nonstatutory
mitigating circumstances than the trial court in Heath, we conclude that Martin’s
sentence is nonetheless proportional to Heath in light of the relatively slight weight
given to Martin’s mitigation.
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Moreover, we have affirmed death sentences in cases where, unlike Martin’s
case, the sole aggravating circumstance was a prior violent felony conviction for
second-degree murder. See Ferrell v. State, 680 So. 2d 390 (Fla. 1996); Duncan v.
State, 619 So. 2d 279 (Fla. 1993). In this case, not only did the trial court find the
existence of Martin’s prior violent felony conviction for second-degree murder, the
court properly found the existence of HAC and CCP. Thus, the especially weighty
aggravating circumstances and the relatively slight mitigating circumstances render
Martin’s death sentence proportional to other cases where this Court has upheld a
sentence of death.
CONCLUSION
Therefore, having considered all of Martin’s claims, and having satisfied our
obligation to determine the sufficiency of the evidence and the proportionality of
Martin’s death sentence, we affirm Martin’s conviction and his sentence of death.
It is so ordered.
LEWIS, QUINCE, CANADY, and POLSTON, JJ., concur.
LABARGA, C.J., concurs in part and dissents in part with an opinion in which
PARIENTE and PERRY, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
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LABARGA, C.J., concurring in part and dissenting in part.
Although I concur with the majority in affirming Martin’s conviction and his
sentence of death, I write in dissent to the majority’s conclusion that the trial court
properly found CCP as an aggravating circumstance. As the majority opinion
correctly states, the following four factors must exist in order to find CCP:
(1) the killing must have been the product of cool and calm reflection
and not an act prompted by emotional frenzy, panic, or a fit of rage
(cold); and (2) the defendant must have had a careful plan or
prearranged design to commit murder before the fatal incident
(calculated); and (3) the defendant must have exhibited heightened
premeditation (premeditated); and (4) there must have been no
pretense of moral or legal justification.
Lynch v. State, 841 So. 2d 362, 371 (Fla. 2003). Contrary to the majority view, I
do not believe that Martin’s conduct exhibited the heightened premeditation that
CCP requires. With respect to a trial court’s finding of heightened premeditation,
this Court has stated:
Simple premeditation of the type necessary to support a conviction for
first-degree murder is not sufficient to sustain a finding that a killing
was committed in a cold, calculated, and premeditated manner.
A heightened form of premeditation is required which can be
demonstrated by the manner of the killing. To achieve this heightened
level of premeditation, the evidence must indicate that a defendant’s
actions were accomplished in a calculated manner, i.e., by a careful
plan or a prearranged design to kill.
Besaraba v. State, 656 So. 2d 441, 444 (Fla. 1995) (quoting Holton v. State, 573
So. 2d 284, 292 (Fla. 1990)).
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The evidence in this case is inconsistent with a finding that Martin had “a
careful plan or a prearranged design to kill.” Besaraba, 656 So. 2d at 444 (quoting
Holton, 573 So. 2d at 292). Instead of a murder that was carried out as a result of a
plan or prearranged design, Daniels’ death was spontaneously triggered by Batie’s
observation that Daniels may have been the person who shot him days before.
Martin took Batie’s gun, approached Daniels, and began shooting. Thus, the
evidence reveals a murder that was abruptly committed while “using [a] hastily
obtained weapon[ ] of opportunity.” Mahn v. State, 714 So. 2d 391, 398 (Fla.
1998).
In light of the trial court’s finding of two particularly weighty aggravating
circumstances, HAC and prior violent felony, I conclude that the finding of CCP
was harmless error. Nonetheless, as to this Court’s conclusion that the trial court
properly found CCP, I dissent.
PARIENTE and PERRY, JJ., concur.
An Appeal from the Circuit Court in and for Duval County,
Linda Firouzabadian McCallum, Judge –
Case No. 162009CF014374AXXXMA
Nancy Ann Daniels, Public Defender, and William Carl McLain, Assistant Public
Defender, Tallahassee, Florida,
for Appellant
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Pamela Jo Bondi, Attorney General, and Charmaine Millsaps, Assistant Attorney
General, Second Judicial Circuit, Tallahassee, Florida,
for Appellee
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Arthur James Martin v. State of Florida
Combined Opinion