Courts Generally Affirm Death Sentence Where Aggravators Include HAC Sexual Battery and Prior Violent Felony

In Branch v. State, 685 So. 2d 1250 (Fla. 1996), this Court affirmed the death sentence in a case where the aggravators were: (1) murder committed during the course of a sexual battery; (2) prior violent felony; and (3) heinous atrocious and cruel (HAC). Id. at 1252 n.1. the trial court found the following nonstatutory mitigating factors: (1) remorse; (2) unstable childhood; (3) positive personality traits; and (4) acceptable conduct at trial. Id. at 1252 n.2. In Kimbrough v. State, 700 So. 2d 634 (Fla. 1997), this Court upheld the death sentence in a similar case where the aggravators were: (1) prior violent felony; (2) murder committed during the course of a sexual battery; (3) HAC. Id. at 636. T he trial court rejected the defendant's age as a statutory mitigator, but considered the following statutory mitigation: (1) unstable childhood; (2) maternal deprivation; (3) an alcoholic father; (4) a dysfunctional family; (5) a talent for singing. Id. In Banks v. State, 700 So. 2d 363 (Fla. 1997) the aggravators found by the trial court in support of the death sentence were: (1) prior violent felony; (2) murder committed during the course of a sexual battery; (3) HAC. Id. at 365. the trial court found the statutory mitigator of age (little weight), and the following nonstatutory aggravators (little weight): (1) service in the military; (2) employment history; (3) good character; (4) contribution to community and family. Id. In Banks, the trial court also found the following additional mitigation, but did not assign it "great weight": (1) appellant's potential for rehabilitation; (2) cooperation with the police; (3) his love and support for his family. Id.