LYLE

v.

SAGINAW COUNTY CIRCUIT COURT STENOGRAPHER

Citator

Cited By

• Larzelere v. State, 676 So. 2d 394 (Fla. 1996)
  …994), cert. denied, — U.S. -, 115 S.Ct. 1122, 130 L.Ed.2d 1085 (1995). Disparate treatment of a codefendant, however, is justified when the defendant is the more culpable participant in the crime. Hayes v. State, 581 So. 2d 121 (Fla.), cert. denied, 502 U.S. 972, 112 S.Ct. 450, 116 L.Ed.2d 468 (1991). In this case, the trial judge specifically examined the appellant’s culpability, stating: The evidence established beyond a reasonable doubt that, although [the appellant] was not the triggerman, she was pre…
• Heath v. State, 648 So. 2d 660 (Fla. 1994)
  …ing force behind the homicide, even though the defendant’s accomplice received a life sentence for participation in the same crime.” Marek v. State, 492 So. 2d 1055, 1058 (Fla.1986); see also Hayes v. State, 581 So. 2d 121, 127 (Fla.), cert. denied, 502 U.S. 972, 112 S.Ct. 450, 116 L.Ed.2d 468 (1991). The record in this case supports the trial court’s conclusion that Heath was the more culpable of the two defendants. Thus, the disparate treatment is justified. Heath asserts that the court erred in giving t…
• Sinclair v. State, 657 So. 2d 1138 (Fla. 1995)
  …State, 465 So. 2d 496 (Fla.1985), and Rembert v. State, 445 So. 2d 337 (Fla.1984), we agree with Sinclair that death is a disproportionate sentence. We have considered the State’s contention that Hayes v. State, 581 So. 2d 121 (Fla.), cert. denied, 502 U.S. 972, 112 S.Ct. 450, 116 L.Ed.2d 468 (1991), supports the death sentence. However, in that case, there was evidence to support two valid aggravators, i.e., merging as one circumstance the aggravating circumstances of murder committed for pecuniary gain a…