Case Involving Firing Bullets Into Human Lying Helpless on the Ground
In Hunter v. State, 660 So. 2d 244, 252 (Fla. 1995) the trial court instructed the jury on cold, calculated, and premeditated (CCP) but found in its sentencing order that the aggravating factor was not proven beyond a reasonable doubt. See 660 So. 2d at 252 & n.10.
The Court found the jury instruction adequately supported by evidence that the defendant "deliberately and successively fired bullets from a handgun into four human beings lying helplessly on the ground without any apparent reason or justification." Id. at 252.