Is It Appropriate for a Procecutor to Convey to the Jury That He Considered the Matter and Concluded That Death Penalty Should Be Requested ?

In Provenzano v. State, 751 So. 2d 37 (Fla. 1999), this Court reversed the circuit court's July 7, 1999, order and remanded for an evidentiary hearing on the issue of Provenzano's competency to be executed, pursuant to rule 3.812. The circuit court subsequently held a rule 3.812 hearing, but refused to grant Provenzano a continuance in order to allow Dr. Patricia Fleming, a key mental health expert, the opportunity to testify. Therefore, in Provenzano v. State, 750 So. 2d 597 (Fla. 1999), this Court again remanded this case to the circuit court in order to allow Dr. Fleming a reasonable opportunity to testify. As a result of this Court's most recent remand, the circuit court held further proceedings. Dr. Fleming was given the opportunity to testify, as well as other witnesses from both the State and the defense. In fact, at the close of all the evidence, counsel for Provenzano stated on the record that he had presented everything that he had to offer on behalf of Provenzano. Thereupon, the circuit court entered an order finding Provenzano competent to be executed. That order is the subject of this appeal.