Consequences of Penalty Phase Conducted Without a Jury
In Lynch v. State, 841 So. 2d 362 (Fla. 2003), the Court faced a challenge to Florida's death sentencing statute based on Ring by a defendant who had voluntarily waived his penalty phase jury.
The Court held:
Because appellant requested and was granted a penalty phase conducted without a jury, he has not and cannot present a claim attacking the constitutionality of Florida's death penalty scheme under the United States Supreme Court's recent holding in Ring v. Arizona. Id. at 366 n.1;
See also: Blakely v. Washington, 542 U.S. 296, 159 L. Ed. 2d 403, 124 S. Ct. 2531, 2541 (2004) (holding that Apprendi rights can be waived).