CHIARELLO

v.

FOGG, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (68 total)

• Buford v. State, 403 So. 2d 943 (Fla. 1981)
  …a law. We have recently considered sexual battery cases in which the penalty had been imposed, but we reduced the sentence to life imprisonment in both cases because of the particular circumstances. Purdy v. State, 343 So. 2d 4 (Fla.), cert. denied, 434 U.S. 847, 98 S.Ct. 153, 54 L.Ed.2d 114 (1977); Huckaby v. State, 343 So. 2d 29 (Fla.), cert. denied, 434 U.S. 920, 98 S.Ct. 393, 54 L.Ed.2d 276 (1977). Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977), involved the sentencing of a man co…

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• Combs v. State, 403 So. 2d 418 (Fla. 1981)
  …ner was charged and which the evidence clearly supports. Although consideration of aggravating factors must be limited to those set forth in the statute, Elledge v. State, 346 So. 2d 998 (Fla.1977); Purdy v. State, 343 So. 2d 4 (Fla.), cert. denied, 434 U.S. 847, 98 S.Ct. 153, 54 L.Ed.2d 114 (1977); the elements of the specific offense charged are and must be inherently part of the circumstances taken into consideration when imposing a sentence in a capital case as well as in other criminal cases. As Justic…
• McCAMPBELL v. State, 421 So. 2d 1072 (Fla. 1982)
  …ablishment of his efforts to prove an alibi defense. This Court has held that aggravating circumstances must be limited to those provided for by statute. Miller v. State, 373 So. 2d 882 (Fla.1979); Purdy v. State, 343 So. 2d 4 (Fla.), cert. denied, 434 U.S. 847, 98 S.Ct. 153, 54 L.Ed.2d 114 (1977). Neither the failure of the appellant to acknowledge his guilt nor demonstration of remorse is a valid statutory aggravating circumstance. To the degree that the trial judge justified his position on his belief t…