Opinion
Case No. SC03-1107.
January 26, 2004.
The petition for writ of habeas corpus based upon Ring v. Arizona, 122 S.Ct. 2428 (2002), is hereby denied. We have denied post-conviction claims based upon Ring beginning with Bottoson v. Moore, 833 So.2d 693 (Fla.), cert. denied 123 S.Ct. 662 (2002), and King v. Moore, 831 So.2d 143 (Fla.), cert. denied, 123 S.Ct. 657 (2002). We additionally note in this case that in the penalty phase, by a vote of eleven-to-one, the jury found in a special interrogatory verdict form statutory aggravating factors proven beyond a reasonable doubt, and the trial court found the aggravating factor of previous conviction of a violent felony as well as commission of the murder in the course of a robbery, a separate crime on which the jury unanimously found the defendant guilty beyond a reasonable doubt.
WELLS, PARIENTE, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.
ANSTEAD, C.J., dissents.