Randall T. Deviney, Appellant v. State of Florida, Appellee

Summary

The court affirmed Deviney’s first-degree murder conviction but vacated his death sentence and remanded for a new penalty phase. It held that the eight-to-four death recommendation did not satisfy the requirement that critical findings supporting a death sentence be made unanimously by the jury, and the error was not harmless because the record showed substantial mitigation and did not reveal the jury’s findings. The court also affirmed the denial of Deviney’s motion for judgment of acquittal.