McCoy v. State, 132 So. 3d 756

Background

Defendant Thomas McCoy pleaded guilty to the April 10, 2009 first‑degree murder of Curtis Brown (a former Coca‑Cola coworker) and proceeded to a jury penalty phase; jury recommended death 11–1 and the trial court sentenced him to death.
McCoy devised fake Coca‑Cola service calls to lure a technician (originally targeting Ray Jackson); when Brown responded at a college break room McCoy waited, produced a concealed handgun, and shot Brown six times.
Pre‑crime statements and behavior: McCoy told coworkers he planned to kill Jackson, purchased a gun and silencer materials, and made prior bogus service calls and attempts; after the murder he fled to Tampa and engaged officers in a shootout, later convicted of aggravated assault on an officer (prior violent felony).
Mental‑health evidence: defense and state experts agreed McCoy suffered major depression (possible psychotic features) and was under an extreme mental/emotional disturbance at the time; experts disagreed whether his capacity to appreciate or conform conduct was substantially impaired.
Trial court found two aggravators with great weight (CCP and prior violent felony), two statutory mitigators with moderate weight (extreme mental/emotional disturbance; no significant prior criminal history), several nonstatutory mitigators, and rejected the substantial‑impairment mitigator; this appeal challenges aspects of the death sentence.

Issues

Issue	Plaintiff's Argument (McCoy)	Defendant's Argument (State)	Held
Voluntariness of guilty plea	Plea was not challenged by McCoy on appeal, but Court must review sua sponte	Plea colloquy shows plea was knowing, intelligent, voluntary; factual basis present	Plea affirmed as knowingly, intelligently, and voluntarily entered
CCP aggravator (cold element & weight)	CCP improper because crime flowed from long‑festering mental illness and irrational rage—not “cold” reflection	Evidence of planning, advance procurement of weapon, concealment, lies in wait, prior attempts, and statements show cool, calculated, premeditated conduct; CCP weight appropriate	CCP proven beyond reasonable doubt; trial court did not err in finding it or assigning great weight
Proportionality of death sentence	Severe mental illness makes death disproportionate (compares to Green)	Aggravation (CCP + prior violent felony) is weighty; McCoy’s mitigation less compelling than Green; sentence proportionate	Death sentence is proportionate given facts, aggravators, and mitigation balance
Mental illness as categorical bar to execution	Execution is cruel and unusual for severely mentally ill—should be categorically exempt similar to juveniles or mentally retarded	Florida precedent rejects expanding Roper/Atkins categories to include mental illness beyond intellectual disability	Claim denied; Court declines to extend categorical exemption for mental illness
Ring v. Arizona claim	Florida’s capital scheme invalid under Ring	Presence of prior violent felony aggravator makes Ring inapplicable	Ring claim denied because prior violent felony aggravator is present

Key Cases Cited

Gill v. State, 14 So.3d 946 (Fla. 2009) (appellate duty to review voluntariness of guilty plea)
Ocha v. State, 826 So.2d 956 (Fla. 2002) (standards for validating a guilty plea)
Williams v. State, 37 So.3d 187 (Fla. 2010) (elements of CCP explained)
Evans v. State, 800 So.2d 182 (Fla. 2001) (mental illness does not automatically preclude CCP finding)
Santos v. State, 591 So.2d 160 (Fla. 1991) (CCP negated where killing was a crime of heated passion)
Green v. State, 975 So.2d 1081 (Fla. 2008) (proportionality review where substantial mental‑health mitigation warranted vacatur)
Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for juveniles)
Atkins v. Virginia, 536 U.S. 304 (2002) (death penalty unconstitutional for intellectually disabled defendants)
Ring v. Arizona, 536 U.S. 584 (2002) (role of jury in finding aggravating factors under Sixth Amendment)