Case Involving Murder During Flight from An Attempted Robbery
In Rogers v. State, 511 So. 2d 526, 535 (Fla. 1987) the court concluded that there was no reasonable likelihood that the trial court would have concluded that the aggravating circumstances of prior violent felony conviction and murder that occurred during flight from an attempted robbery were outweighed by the single mitigating factor of being a good husband, father, and provider.
Similarly, in Thomas, 693 So. 2d at 953, the court concluded that the trial court's failure to find a number of mitigating circumstances relating to the defendant's character and work record was harmless in light of the "massive" aggravation (prior violent felony conviction, murder committed during course of a burglary, pecuniary gain, heinous atrocious and cruel (HAC), and cold, calculated, and premeditated (CCP)).
The court concluded that even if the trial court had found each mitigating circumstance proposed by the defendant, there was no reasonable doubt that the trial court "still would have imposed the death penalty." Id. Finally, in Singleton, 783 So. 2d at 977, the court found that the trial judge's failure to discuss the mitigators of the defendant's courtroom behavior, his behavior on parole, and his alleged remorse and cooperation with police was harmless error.
The court concluded that even when this mitigation was combined with other mitigation in the record, it "would not outweigh the two weighty aggravators of prior violent felony conviction and HAC found to exist by the trial judge." Id.