Waiver of Presentation of Mitigation Before Death Sentence
In Gill v. St ate, 14 So. 3d 946 (Fla. 2009), the defendant pleaded guilty and waived sentencing by a jury and the presentation of mitigation. Id. at 954.
Gill objected when standby counsel attempted to present additional mitigation. Id. at 955.
The court considered the mitigation available in the records, including Gill's history of mental illness, before sentencing him to death. Id. at 955-58.
Ultimately, we affirmed Gill's conviction and sentence. Id. at 967.
Despite the clear mental mitigation present in the record, Gill was found competent to enter a knowing, intelligent, and voluntary guilty plea.
It can be presumed that his waiver of mitigation was also valid.