Not Objecting to Prosecutorial Comments During Closing Argument Resulting a Death Sentence
In Card v. State, 803 So. 2d 613, 622 (Fla. 2001), the appellant was convicted of first-degree murder and sentenced to death.
He contended that objected-to and unobjected-to prosecutorial comments during closing argument deprived him of a fair trial.
With respect to both the preserved and the unpreserved comments, this Court ruled that any errors that occurred on closing argument did not compromise the process or deprive Card of a fair trial.
Importantly, this Court noted, "The trial court found five aggravating circumstances, including cold, calculated, and premeditated (CCP) and heinous atrocious and cruel (HAC), two of the 'most serious aggravators set out in the statutory sentencing scheme,' no statutory mitigation, and insignificant nonstatutory mitigating circumstances." Id.