Altersberger v. State
103 So. 3d 122
Fla.2012Background
- Altersberger killed Florida Highway Patrol Sgt. Nick Sottile after a traffic stop and had previously stated he would shoot an officer if stopped.
- Kinder testified Altersberger showed intent to flee and to shoot; Altersberger’s driving was erratic and escalating toward the confrontation.
- Altersberger pled guilty to first-degree murder; the case proceeded to a penalty phase with mitigating and aggravating evidence.
- The trial court found CCP and other aggravators/mitigators; jurors recommended death by 9–3; Spencer hearing occurred.
- Mitigators included youth (19), impaired capacity and brain-function issues, dysfunctional upbringing, substance issues; aggravators included CCP and being a law-enforcement officer victim.
- Altersberger appealed challenging CCP, the voluntariness of the plea, and proportionality; the court affirmed the conviction and death sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CCP satisfied by totality of circumstances | Alter argue CCP not proven | State argues CCP shown | CCP established beyond reasonable doubt |
| Plea knowingly, intelligently, voluntarily made | Plea coerced by counsel | Plea was voluntary and informed | Plea valid and voluntary |
| Death sentence proportionate | Sentence disproportionate given mitigators | Death sentence proportionate under totality of circumstances | Death sentence proportionate |
Key Cases Cited
- Gill v. State, 14 So.3d 946 (Fla.2009) (definition of CCP elements; totality of circumstances standard)
- Franklin v. State, 965 So.2d 79 (Fla.2007) (four elements of CCP, including lack of justification)
- Hudson v. State, 992 So.2d 96 (Fla.2008) (review of CCP findings limited to correct rule and substantial evidence)
- Wike v. State, 698 So.2d 817 (Fla.1997) (CCP framework and appellate standard)
- Jackson v. State, 704 So.2d 500 (Fla.1997) ( CCP where defendant planned to catch officer off guard)
- Griffin v. State, 639 So.2d 966 (Fla.1994) (calculated CCP based on pre-arrest conduct)
- Alston v. State, 728 So.2d 148 (Fla.1998) (heightened premeditation when leaving scene possible)