Supreme Court of Florida

Tiffany Ann Cole, Appellant v. State of Florida, Appellee — Canady, J., Concurring

March 11, 201035 Fla. L. Weekly Supp. 153

Summary

Justice Canady concurred in the affirmation of Cole’s convictions and death sentences. He disagreed with the majority’s conclusion that the trial court erred in applying the heinous, atrocious, or cruel (HAC) aggravator, holding that any such error was harmless beyond a reasonable doubt. He questioned the precedential value of Omelus and Perez and relied on Tison, Peeler, and Owens to support vicarious application of the HAC factor.