Consideration of Relative Culpability of Co-Defendants In a Capital Case
In Shere v. Moore, 830 So. 2d 56, 60 (Fla. 2002), the court stated that "where more than one defendant was involved in the commission of the crime," we would consider the relative culpability of the codefendants in determining the proportionality of the death sentence imposed.
The court deemed such analysis necessary because equally culpable codefendants should not be treated differently.
The Court have recognized, however, that "in order to have that same degree of blame or fault the codefendants must, at a minimum, be convicted of the same degree of the crime." Id. at 61.