Supreme Court of Florida

Humberto Delgado, Jr., Appellant v. State of Florida, Appellee

April 23, 2015162 So. 3d 971

Summary

The court affirmed Delgado's convictions but vacated his death sentence and remanded for imposition of a life sentence. It held that the trial court's detailed weighing of aggravating and mitigating circumstances was not invalidated by its reference to the jury-override standard, and that death was disproportionate because the case was not among the most aggravated and least mitigated capital murders. Justice Canady, joined by Justice Polston, concurred because existing comparative-proportionality precedent required reversal, while maintaining that such review conflicts with the Florida Constitution.