O'NEAL

v.

ILLINOIS

Citator

Cited By (93 total)

• Witt v. State, 387 So. 2d 922 (Fla. 1980)
  …thin the state court system are inimical to an effective criminal justice system. . One factor in aggravation was predicated on pending criminal charges, rather than prior convictions. See Provence v. State, 337 So. 2d 783 (Fla.1976), cert. denied, 431 U.S. 969, 97 S.Ct. 2929, 53 L.Ed.2d 1065 (1977). Two others were not included in the statutory list of aggravating circumstances. See Mikenas v. State, 367 So. 2d 606 (Fla.1978). I note that Sawyer’s [*932] death sentence was later reduced to life imprisonme…
• Straight v. State, 397 So. 2d 903 (Fla. 1981)
  …of the crime. Where such double recitation of aggravating circumstances based on a single aspect of the crime indicates that inflated consideration was accorded to the factor, it is error. Provence v. State, 337 So. 2d 783 (Fla.1976), cert. denied, 431 U.S. 969, 97 S.Ct. 2929, 53 L.Ed.2d 1065 (1977). Where it is clear that the sentencing judge merely recited both statutory factors without giving improper double consideration to the single aspect in question, or where the absence of mitigating circumstances…
• Sireci v. State, 399 So. 2d 964 (Fla. 1981)
  …176 (1979); Lucas v. State, 376 So. 2d 1149 (Fla.1979). Defendant argues that the trial judge improperly doubled the aggravating circumstances of robbery and pecuniary gain. He relies upon Provence v. State, 337 So. 2d 783 (Fla.1976), cert. denied, 431 U.S. 969, 97 S.Ct. 2929, 53 L.Ed.2d 1065 (1977), where this Court said that pecuniary gain cannot be doubled up with robbery in such a manner that two factors are considered as separate aggravating circumstances. In his findings of fact, the trial judge indi…