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, concluding that death was disproportionate in light of the aggravating and mitigating circumstances and comparable capital cases. It also held that the trial court properly independently weighed the aggravating and mitigating circumstances despite referring to a standard associated with overriding a life recommendation. Justice Canady, concurring, agreed with the result while maintaining that comparative proportionality review conflicts with the Florida Constitution but should be followed absent a basis to recede from precedent.