Calambro v. State

Rose, J.,

concurring:

I concur in affirming the first degree murder conviction and the imposition of the death penalty. However, I have serious doubts whether the legislature intended the “random and without apparent motive” aggravator to be applicable to the facts of these vicious killings and whether this aggravator was proven beyond a reasonable doubt. These cold-blooded murders were committed in the course of a robbery and the “random and without apparent motive” aggravator should not be used as a catchall phrase to back up other more specific aggravators. Notwithstanding, the additional aggravators found are based on abundant evidence and clearly support the punishment assessed. Accordingly, the death penalty was properly imposed, even without considering the random and without apparent motive aggravator.