Supreme Court of Florida

Delmer Smith, Appellant v. State of Florida, Appellee

July 9, 201540 Fla. L. Weekly Supp. 435

Summary

The court affirmed Smith’s first-degree murder conviction and death sentence after rejecting challenges to the sufficiency of the evidence, a mistrial ruling, evidentiary rulings, denial of a continuance, the HAC aggravator, the rejection of two statutory mitigators, and the constitutionality of the death-penalty scheme. The court held that competent, substantial evidence supported the conviction and aggravating circumstances, and that the trial court’s mitigation findings were supported by conflicting expert testimony and the record. The court also independently determined that death was a proportionate sentence. No separate opinions were filed.