Court Determines Death Sentence to Be Disproportionate After Striking Inappropriate Aggravating Circunstances
In Almeida v. State, 748 So. 2d 922 (Fla. 1999) and Thompson v. State, 456 So. 2d 444 (Fla. 1984), the death sentence was determined to be disproportionate after we struck inappropriate aggravating circumstances. See Almeida, 748 So. 2d at 933-34 (holding that death sentence was disproportionate where, after striking aggravator, defendant was left with a single aggravator and substantial mitigation including "a brutal childhood and vast mental health mitigation");
Thompson, 456 So. 2d at 447 (holding that trial court inappropriately found CCP).
Furthermore, in Almeida, the jury voted seven-to-five in favor of death, while the jury in Thompson recommended a life sentence that the trial judge improperly overrode. See Almeida, 748 So. 2d at 926; Thompson, 456 So. 2d at 448.