Supreme Court of Florida

Michael Shane Bargo, Jr., Appellant v. State of Florida, Appellee

June 29, 201742 Fla. L. Weekly Supp. 698

Summary

The court affirmed Bargo’s first-degree murder conviction because competent, substantial evidence supported the jury’s finding that he planned and committed the killing. It vacated the death sentence and remanded for a new penalty phase because the nonunanimous death recommendation did not satisfy the jury-findings requirements governing capital sentencing. Justice Pariente, concurring, expressed concern that a death sentence might be disproportionate given Bargo’s age and substantial mental-health mitigation, while Justice Lawson’s special concurrence provided no independent reasoning beyond a referenced opinion.