Leo Louis Kaczmar, Iii v. State of Florida — Polston, J., Concurring in Part and Dissenting in Part

Summary

Justice Polston agreed with affirming the first-degree murder conviction and striking the cold, calculated, and premeditated aggravator, but would not remand for a new penalty phase. He reasoned that sufficient evidence supported the attempted-sexual-battery-based felony aggravator and that the death sentence remained proportionate even if that aggravator and the CCP aggravator were both removed. Justice Canady joined the separate opinion.