232 So.3d 942
Fla.2017Background
- On April 27–28, 2002 Ana Maria Angel and Nelson Portobanco were abducted at gunpoint, robbed, Angel was gang-raped, Portobanco was stabbed and left for dead, and Angel was later shot and killed. Several codefendants participated.
- Lebron was arrested April 29, 2002. While un-Mirandized he made an incriminating statement in response to an officer’s remark; after Miranda warnings and a signed waiver he gave a detailed, recorded (but later found unrecorded) confession describing kidnapping, sexual assault, robbery, and the shooting.
- Physical and forensic evidence (fingerprint in vehicle, DNA on vaginal/anal swabs and seat cover, blood on Lebron’s boots, ballistics linking gun) corroborated the confessions and Portobanco’s testimony.
- A jury convicted Lebron of first-degree murder, attempted first-degree murder, armed kidnappings, armed robberies, and armed sexual battery; jury recommended death 9–3; trial court imposed death and multiple other sentences.
- On appeal Lebron raised multiple guilt‑phase and penalty‑phase claims (Miranda/post‑Miranda admissibility, various mistrial and evidentiary claims, Frye challenge to QEEG evidence, jury instruction/pardon power). The Florida Supreme Court affirmed convictions but vacated the death sentence under Hurst and remanded for a new penalty phase.
Issues
| Issue | Lebron's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of post‑Miranda statement | Post‑Miranda statement tainted by an earlier unwarned confession and waiver not voluntary | No deliberate two‑step strategy; warned waiver was knowing, voluntary; second statement admissible under Elstad | Admissible — no deliberate two‑step strategy; waiver valid; confession admitted |
| Agent Hernandez testimony (mistrial) | Testimony improperly prejudicial (claimed worst confession) | Testimony was anticipatory rehabilitation and responsive to defense opening | No abuse of discretion; mistrial denied |
| Opening statement reference to leads (confrontation) | Prosecutor implied nontestifying persons supplied evidence — violated confrontation | Statement merely described investigative steps; did not create inescapable inference of testimonial hearsay source | No violation; mistrial denied |
| Victim’s mother present in courtroom (mistrial) | Her visible emotion prejudiced jury | Next‑of‑kin have constitutional/statutory right to attend; no disruptive outburst; no contemporaneous objection | No prejudice shown; presence permitted |
| QEEG evidentiary admission (Frye) | QEEG generally accepted to show traumatic brain injury | State argued QEEG not generally accepted for diagnosing brain damage; proponent failed burden | Excluded — Frye not satisfied; proponent failed to show general acceptance/reliable database |
| Jury pardon power instruction | Court hypothetical and instruction deprived jury of pardon discretion | Court may instruct jurors to follow law; issue unpreserved and meritless | No reversible error; issue unpreserved |
| Golden‑rule argument / handgun demonstration (mistrial) | Prosecutor dry‑fired gun three times — improper emotional appeal | Demonstration was reasonable to visualize distance/force consistent with evidence | Denial of mistrial affirmed; demonstration not improper |
| Sufficiency of evidence for first‑degree murder | (challenged) | Confession + forensic and eyewitness corroboration support premeditation or felony murder | Independent review: evidence sufficient for first‑degree murder |
| Hurst error (penalty phase) | Jury’s 9–3 death recommendation violates Hurst requirement for unanimity | State must prove harmless beyond a reasonable doubt | Death sentence vacated; remand for new penalty phase — error not harmless |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings and waiver requirements)
- Oregon v. Elstad, 470 U.S. 298 (post‑warning statement admissible absent deliberately coercive two‑step tactics)
- Missouri v. Seibert, 542 U.S. 600 (warnings midstream may be ineffective; deliberate two‑step strategy test)
- Ross v. State, 45 So. 3d 403 (Fla.) (framework for delayed‑Miranda analysis and voluntariness)
- Hurst v. State, 202 So. 3d 40 (Fla.) (jury unanimity requirement for death sentence; harmless‑error standard)
- DiGuilio v. State, 491 So. 2d 1129 (Fla.) (harmless‑error / Chapman standard in Florida)