Can Court Uphold Death Sentence Based on Only Two Aggravators ?
In Moore v. State, 701 So. 2d 545 (Fla. 1997) (upholding death sentence where aggravators included prior violent felonies, avoiding arrest, and pecuniary gain; and where statutory mitigator of defendant's age (nineteen) was established), this Court explained:
The court have upheld the death sentence in other cases based on only two of the three aggravating factors present here. . . . In Melton v. State, 638 So. 2d 927 (Fla. 1994), we held the death penalty was proportionate where there were two aggravating factors (the murder was committed for pecuniary gain and the defendant had been convicted of a prior violent felony) and some nonstatutory mitigation.
The court found that the death penalty was proportionate here. See also Consalvo[, 697 So. 2d at 811, 820] (holding death penalty was proportionate where there were two aggravating factors--avoiding arrest and commission during the course of a burglary--with some nonstatutory mitigation). 701 So. 2d at 551-52.