Buzia v. StateBuzia v. State
We review appellant John M. Buzia‘s appeal of a circuit court judgment sentencing him to death. We have jurisdiction. See
I. FACTS AND PROCEDURAL BACKGROUND
Buzia was indicted on charges of the first-degree murder of Charles Kersch, attempted first-degree murder of Thea Kersch, armed burglary of a dwelling with an assault or battery, and robbery with a deadly weapon. Trial was held in March 2003.
A. The Guilt Phase
The Kersches, both 71 years old and retired, lived in a gated community. In the past, Buzia had performed odd jobs around their residence and rental properties. On the morning of March 14, 2000, Charles Kersch and his wife Thea expected Buzia at their residence for work, but he did not appear. In a videotaped interview with the police, Buzia stated that he had a “money issue” with the Kersches and, on that day, decided to steal money from them.
Buzia arrived at the residence at about 2:30 p.m. He waited twenty minutes for someone to arrive. Mrs. Kersch arrived home between 4 and 4:30 p.m. Buzia told her that his brother had been beaten up and that he needed to talk to her husband. She allowed him to wait in the enclosed patio area until Mr. Kersch returned.
On the patio, Buzia retrieved a serving tray he found and approached the sliding glass door that led into the kitchen. Mrs. Kersch opened the door, and he handed it to her. Once she placed the tray on a table inside, Buzia entered. They briefly conversed. Mrs. Kersch said nothing to upset him. Yet, without warning, Buzia struck her several times with his fist. Blood sprayed from her nose. Buzia admitted that he was trying to make her unconscious so that he could take her money. He knocked her down and kicked her. She lost consciousness. He took her keys and removed about $80 from her purse. He dragged her into the back bedroom and covered her with a blanket. Then he searched the house and removed a Mastercard from her purse.
Buzia then heard the garage door open and assumed that Mr. Kersch had arrived home. He considered at this point whether he should tell Mr. Kersch that he had attacked his wife, оr whether he should assault him, too, and leave. As soon as Mr. Kersch entered the house through the garage entrance, Buzia hit him with his
Buzia obtained one of the two axes from the garage. He thought about “using it to make `em unconscious” but then “threw it on the ... puddle of mess.” He claims he never hit Mr. Kersch with that ax. However, after hearing moaning and groaning from Mrs. Kersch in the back bedroom, he went to the garage a second time and returned with another ax. It is unclear which ax he used on the Kersches—the first one or the second one. It seems that he used the second one and hit Mr. Kersch once in the head with the flat side of it. He stated that his intention in hitting Mr. Kersch with the ax was to “slow him” and “put him out.” In the back bedroom, Mrs. Kersch was awake and attempting to get up, but he also hit her once with the same flat side of the ax. She lost consciousness again.
He covered Mr. Kersch with a blanket, and he duct-taped the door handle in the back bedroom where Mrs. Kersch lay unconscious. After looking in closets and other things, he tried to clean up thе residence a little bit, but he admitted that it was “overwhelming.” Buzia then took Mr. Kersch‘s car keys and one of his T-shirts. He changed his shirt because it was “nasty” and “dirty.” The Kersches were both moving, moaning, and groaning when he left. He drove away in Mr. Kersch‘s car. Shortly thereafter, the paramedics arrived. Mrs. Kersch survived, but Mr. Kersch died of blunt force injuries to the head.
The following morning, the police arrested Buzia at a bank after he attempted to cash a check for $830 drawn from Mr. Kersch‘s account. Buzia appeared to understand the officers’ commands, did not have any trouble walking, and did not resist the officers’ efforts to search him.
Investigators found Mr. Kersch‘s body lying near the garage door and covered with a blanket. They also found a single-headed аx on the chair at the dinette table inside the house and a double-headed ax behind the couch. The medical examiner also testified regarding the various injuries Mr. Kersch suffered and the causes of those injuries.
The jury found Buzia guilty of the first-degree premeditated murder of Mr. Kersch, the attempted first-degree murder of Mrs. Kersch, armed burglary of a dwelling with an assault or battery, and robbery with a deadly weapon.
B. The Penalty Phase
At the penalty phase, Buzia presented several lay witnesses, as well as a psychologist, who testified about his problems with drugs and alcohol, including his cocaine dependence. The State rebutted this evidence with its own expert, who stated that Buzia‘s actions suggested goal-directed and purposeful behavior. The jury, by a vote оf eight to four, recommended the death penalty.
After the Spencer1 hearing, the trial court issued its sentencing order, in which it found that the evidence supported the following six aggravating circumstances: (1) that Buzia was previously convicted of
After reviewing the record for mitigation, the court assigned little weight to two factors under the statutory catchall provision,
II. THE ISSUES ON APPEAL
Buzia raises six issues on appeal, which we address in turn below: (A) the trial court erred in finding the prior violent felony aggravating circumstance; (B) the trial court erred in finding the avoid-arrest aggravating circumstance; (C) the trial court erred in finding the HAC aggravating circumstance; (D) the trial court erred in finding the CCP aggravating circumstance; (E) the death penalty is not warranted in this case; and (F) Florida‘s capital sentencing procedures violate Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). We also independently determine that the evidence was sufficient to convict Buzia of first-degree murder.2
A. Prior Violent Felony Aggravating Circumstance
In his first claim, Buzia challenges the trial court‘s finding of the prior violent felony aggravator. He argues that his contemporaneous guilty verdict for the attempted murder of Mrs. Kersch was not a “conviction” under
This claim lacks merit anyway.
Buzia‘s argument rests on the incorrect assumption that, for purposes of this aggravator, a conviction requires аdjudication. Under
B. Avoid-Arrest Aggravating Circumstance
In his second claim, Buzia challenges the trial court‘s finding of the avoid-arrest aggravator. He argues that (1) he did not intentionally kill Mr. Kersch; and (2) the evidence in support of this aggravator was circumstantial and inconclusive. Buzia‘s contention and accompanying arguments that he did not intend to kill Mr. Kersch attempt to reargue the merits of his first-degree murder conviction.3 At trial, the jury found Buzia guilty of first-degree murder and basеd its finding on both felony murder and premeditated murder. This latter finding establishes intent.
The correct question is whether competent, substantial evidence supports the trial court‘s finding that Buzia murdered Mr. Kersch to avoid arrest. “[O]ur task on appeal is to review the record to determine whether the trial court applied the right rule of law for each aggravating circumstance and, if so, whether competent substantial evidence supports its finding.” Owen v. State, 862 So.2d 687, 698 (Fla. 2003) (quoting Way v. State, 760 So.2d 903, 918 (Fla.2000)). We have outlined the appropriate circumstances for finding the avoid-arrest aggravator:
Where the victim is not a police officer, “the evidence [supporting the avoid arrest aggravator] must prove that the sole or dominant motive for the killing was to eliminate a witness,” and “[m]ere speculation on the part of the state that witness elimination was the dominant motive behind a murder cannоt support the avoid arrest aggravator.”
However, this factor may be proved by circumstantial evidence from which the motive for the murder may be inferred, without direct evidence of the offender‘s thought processes. In other cases, this Court has found it significant that the victims knew and could identify their killer. While this fact alone is insufficient to prove the avoid arrest aggravator, we have looked at any further evidence presented, such as whether the defendant used gloves, wore a mask, or made any incriminating statements about witness elimination; whether the victims offered resistance; and whether the victims were confined or were in a position to pose a threat to the defendant.
Parker v. State, 873 So.2d 270, 289 (Fla. 2004) (quoting Farina v. State, 801 So.2d 44, 54 (Fla.2001)). Buzia argues that the circumstantial evidence is too inconclusive to support this aggravator, while the State asserts that direct evidence of Buzia‘s thought processes exists to support it.4 We address each of these arguments in turn.
First, Buzia relies heavily on Zack v. State, 753 So.2d 9 (Fla.2000), arguing that similar circumstances in that case did not warrant application of this aggravator. In Zack, the defendant and the victim returned to the victim‘s home after meeting at a bar. The defendant hit the victim with a beer bottle, sexually assaulted her, and beat her head against the bedroom‘s wooden floor. He retrieved a knife from the kitchen and stabbed her in the chest four times. The defendant went back to the kitchen, cleaned the knife, put it away, and washed the blood from his hands. He then returned to the master bedroom, placed the victim‘s bloody shirt and shorts in her dresser drawer, stole a television, a VCR, and the victim‘s purse, and plаced the stolen items in her car and drove away. Id. at 14. We concluded that the evidence was inconclusive to support the avoid-arrest aggravator because the defendant had a larger “premeditated plan” in mind. Id. at 20. The defendant‘s acts were part of a “crime-riddled journey” in which he had committed a variety of assaults and robberies against other victims. Id. at 13-14. Although he did not have to murder the victim “to accomplish his monetary goals, this alone does not make the defendant‘s dominant motive the desire to avoid arrest.” Id. at 20.
This case is distinguishable from Zack. Unlike the defendant in Zack, Buzia was not on a “crime-riddled journey.” His actions involved one robbery at one location. Furthermore, aside from not having to murder Mr. Kersch “to accomplish his monetary goals,” additional circumstanсes (which were absent in Zack) prove that Buzia killed him to avoid arrest.
We agree with the State that Willacy v. State, 696 So.2d 693 (Fla.1997), is more similar to this case. In Willacy, the defendant bludgeoned the victim and tied her hands and feet together. Id. at 696. Because the victim no longer posed an immediate threat to him, and because she was his next-door neighbor and could identify
In addition to these circumstances, Buzia‘s incriminating statements to the police evidence his thought processes. We have found that a defendant‘s statements to the police, in part, support a finding of the avoid-arrest aggravator. Derrick v. State, 641 So.2d 378, 380 (Fla.1994) (“In a statement to the [police], [the defendant] indicated that the victim recognized him and that he killed the victim to `shut him up.‘“). Buzia told the police that his “intention [in hitting Mr. Kersch the second time with his fist] was ... obviously to keep him down longer, so maybe [he] could drive away and get more time.” He admitted that, after doing so, he thought Mr. Kersch was going to die: “I was ... thinking... you know ... he‘s gonna die, if [I] leave right now.” Even more relevant is his statement to the police regarding why he used the ax—the instrument that ultimately killed Mr. Kersch. Buzia stated that his intention in hitting him with it was to “slow him” and “put him out.”
In addition, Buzia admitted that, when he heard Mr. Kersch arrive, he considered whether or not he should tell him that he had hurt his wife, or instead attack him as well. He obviously decided on the latter course, most likely because it would help him escape undetected. These admissions prove that Buzia‘s intent to avoid arrest extends beyond mere speculation. His “sole or dominant” motive for murdering Mr. Kersch was to eliminate him as a witness. We find no error in the trial court‘s finding of the avoid-arrest aggravator.
C. HAC Aggravating Circumstance
In his third claim, Buzia challenges the trial court‘s finding that the murder of Mr. Kersch was heinous, atrocious, or cruel. To qualify for this aggravator, “the crime must be both conscienceless or pitiless and unnecessarily torturous to the victim.” Hertz v. State, 803 So.2d 629, 651 (Fla.2001) (quoting Richardson v. State, 604 So.2d 1107, 1109 (Fla.1992)). Buzia raises two grounds for the trial court‘s error: he never intended to kill or torture Mr. Kersch; and Mr. Kersch was not acutely aware of impending death.5 The State responds that because the murder of Mr. Kersch was a beating, the HAC aggravator applies.
Buzia‘s reliance on intent is misplaced. “The intention of the killer to inflict pain ... is not a necessary element of the aggravator.” Francis v. State, 808 So.2d 110, 135 (Fla.2001) (emphasis added) (quoting Guzman v. State, 721 So.2d 1155, 1160 (Fla.1998)). We have upheld a finding of the HAC aggravator where “the killer was utterly indifferent to the suffering of another.” Id. (quoting Guzman, 721 So.2d at 1160) “[The HAC aggravator] focuses on the means and manner in which death is inflicted and the immediate circumstances
We have upheld the HAC aggravator in numerous cases involving beatings. Lawrence v. State, 698 So.2d 1219, 1221-22 (Fla.1997) (“We have consistently upheld HAC in beating deaths.“); see also, e.g., Colina v. State, 634 So.2d 1077, 1081 (Fla. 1994) (holding that the HAC aggravator applied where one of the defendants hit the victim, who fell to the ground, and when that victim attempted to get to his feet, the other defendant hit him several times in the back of the head with a tire iron); Owen v. State, 596 So.2d 985, 990 (Fla.1992) (upholding the HAC aggravator where the sleeping victim was struck on the head and face with five hammer blows); Lamb v. State, 532 So.2d 1051, 1053 (Fla.1988) (upholding the HAC aggravator where the defendant struck the victim six times in the head with a claw hammer, pulled his feet out from under him, and kicked him in the face); Heiney v. State, 447 So.2d 210, 216 (Fla.1984) (upholding the HAC aggravator where seven severe hammer blows were inflicted on the victim‘s head).
A crime scene analyst concluded that the blood spatter on the wall near Mr. Kersch‘s body was the “result of a beating.” Based on those blood stains and patterns, she also concluded that there were at least two separate swings of the ax and two separate impacts to Mr. Kersch‘s head. In addition, Buzia stated to the police that he twice knocked Mr. Kersch to the floor.
Although the beatings in Heiney, Owen, and Lamb were probably more severe than this one, these facts parallel the circumstances in Colina. In that case, one of the defendants hit the victim, who fell to the ground. At that point, the co-defendant administered several blows with а tire iron to the back of the head. 634 So.2d at 1081. We conclude the attack on Mr. Kersch amounts to a “beating” for purposes of the HAC aggravator.
Nevertheless, nothing done to the victim after the victim is dead or unconscious can support this aggravator. Zakrzewski v. State, 717 So.2d 488, 493 (Fla.1998); see also Jones v. State, 569 So.2d 1234, 1238 (Fla.1990); Jackson v. State, 451 So.2d 458, 463 (Fla.1984). Therefore, awareness of impending death is critical in determining whether a beating unnecessarily tortured the victim. See
Buzia argues that the murder happened quickly, and therefore Mr. Kersch was not conscious during the attack or aware of his fate. At oral argument, Buzia‘s counsel insisted that the medical examiner‘s testimony about the circumstances surrounding Mr. Kersch‘s death contradicted Buzia‘s statement to the police that Mr. Kersch attempted to get up on his hands and knees. We discern no such conflict. The medical examiner found, in addition to bruising on Mr. Kersch‘s right hand, significant injuries in three areas: (1) laсerations in three places on the right side of his head—above the right ear, to the right of his eyebrow, and on the side of his nose—with abundant hemorrhaging underneath the injury just above his eye; (2) a laceration of the scalp on the back of his head with marked hemorrhaging and, underneath that, a large amount of accumulated blood and a small skull fracture; and (3) on the left side of his head, a large complex laceration (including fractured skull bones underneath) with superficial abrasion and some soft tissue hemorrhage.
The medical examiner concluded that the laceration on Mr. Kersch‘s eye was consistent with the blunt force of being hit with a fist and inconsistent with a blow from an ax. The laceration above his right ear was less consistent with а blow from a fist, but he would not rule it out. Regarding the second injury—the laceration, hemorrhage, and skull fracture on the back of Mr. Kersch‘s head—he stated that it was consistent with an ax or “a really rapid fall to the floor could cause this kind of injury.” It was “possible, but not necessarily likely” that this injury caused death. It “would very possibly have caused unconsciousness,” but it “may not have.” The examiner testified that, if Mr. Kersch had lost consciousness as a result of this injury, he might have regained it. In addition, he speculated that the third injury could have resulted from either one blow or separate blows. The contusion in that area was consistent with either being struck by an ax or falling and hitting one‘s head on the floor. The skull bone fractures underlying the “gash” or laceration were сonsistent with a blow from the flat side of an ax but not consistent with hitting one‘s head on the floor. This larger wound would have caused unconsciousness instantly and likely death within a couple of minutes. On cross-examination, the medical examiner stated that Mr. Kersch would not have regained consciousness from this injury.
Although the medical examiner did not testify that, after falling to the ground, Mr. Kersch attempted to get up on his hands and knees—in fact, neither side asked him about it—his testimony is consistent with Buzia‘s confession to that effect.7 He
Counsel insisted during oral argument that there is no evidence to suggest that Mr. Kersch pled for his life or screamed for help. The evidence shows that Mr. Kersch was awake and aware during at least part of this ordeal. Whether this state of consciousness lasted minutes or seconds, he was “acutely aware” of his “impending death[ ].” We have upheld the HAC aggravator where the victim wаs conscious for merely seconds. See Rolling v. State, 695 So.2d 278, 296 (Fla.1997). Competent, substantial evidence supports the trial court‘s finding.
D. CCP Aggravating Circumstance
In his fourth claim, Buzia challenges the trial court‘s finding of the CCP aggravator. To support the CCP aggravator, a jury must find “that the killing was the product of cool and calm reflection and not an act prompted by emotional frenzy, panic, or a fit of rage (cold), and that the defendant had a careful plan or prearranged design to commit murder before the fatal incident (calculated), and that the defendant exhibited heightened premeditation (premeditated), and that the defendant had no pretense of moral or legal justification.” Jackson v. State, 648 So.2d 85, 89 (Fla.1994) (citations omitted). Buzia argues that the evidence does not support a finding of heightened premeditation. “Premeditated” refers to “heightened premeditation,” which is more than what is required to prove first-degree, premeditated murder. Id. at 88. “[D]eliberate ruthlessness” is “necessary to raise ... premeditation above that generally required for premeditated first-degree murder.” Fennie v. State, 648 So.2d 95, 99 (Fla.1994) (finding heightened premeditation where the defendant kept the victim waiting for her ultimate fate while he contemplated various methods of execution); see also Walls v. State, 641 So.2d 381, 388 (Fla. 1994) (where the defendant “toyed with [the victim] prior to her death” and “told [the victim] that he was going to `hurt’ her,” and where the defendant “saw that the killing was a drawn-out affair“). We conclude that Buzia‘s actions rise to this level of deliberate ruthlessness because (1) he had the opportunity to leave the scene, and (2) he procured a weapon. We address these issues in turn.
First, Buzia had the opportunity to leave the residence with the Kersches’ money and valuables without committing further harm. We have “found ... heightened premeditation ... where a defendant had the opportunity to leave the crime scene and not commit the murder but, instead, commit[ted] the murder.” Alston v. State, 723 So.2d 148, 162 (Fla.1998) (where the defendant could have stopped at kidnapping and robbery, but instead confined the victim and forced him to contemplate his death while the defendant decided what to do with him) (citing Jackson v. State, 704 So.2d 500, 505 (Fla.1997)); see also Lynch, 841 So.2d at 372-73 (where the defendant waited “thirty to forty minutes” for the victim to arrive home and, after initially shooting the victim and then dragging her into the apartment, had five to seven minutes in which he could have left the scеne and not inflicted the final harm). We conclude in part that, by remaining there and murdering Mr. Kersch, Buzia developed “heightened premeditation.”
In its sentencing order the trial court states the following:
The time lapse that occurred between the beating of Thea Kersch and the murder of Charles Kersch allowed [Buzia] to reflect upon his criminal activity and to renounce any further violence. Instead [Buzia] used that extended period of time to ... perfect his plan of attack toward Charles Kersch.
(Emphasis added.) As in Lynch, where the defendant waited “thirty to forty minutes” for the victim to arrive home, 841 So.2d at 373, Buzia had a short period of time during which he could have left the scene and not inflicted further harm. He could have “renounce[d] any further violence” by either lеaving or, upon Mr. Kersch‘s arrival, passively explaining to him what occurred. Yet, when he heard the garage door open, he considered his options and decided to attack Mr. Kersch as well. He calmly chose the criminal option and “perfect[ed] his plan of attack.”
Despite this course, Buzia had one final instance where he could have left the scene without committing further harms—the lapse of time during which he obtained the ax. This interlude was similar to the five to seven minutes in Lynch. Moreover, Buzia could have stopped his criminal activity at the level of assault and robbery. Instead, he remained there, obtained the first ax, and thought about “using it to make `em unconscious.” Although he dropped it on the floor, he obtained the other ax and carried out his plan. Buzia could have left the scene without committing further harm, but he remained and committed murder. See Alston, 723 So.2d at 161-62 (emphasizing the defendant‘s choice between stopping at the level of kidnapping and robbery and murdering the victim).
Most importantly, during this final lapse of time, Buzia procured his own weapon. “[T]he facts supporting [the CCP aggravator] must focus on the manner in which the crime was executed, e.g., advance procurement of weapon, lack of provocation, killing carried out as a matter of course....” Looney v. State, 803 So.2d 656, 678 (Fla.2001) (emphasis added) (quoting Rodriguez v. State, 753 So.2d 29, 48 (Fla.2000)). We have found the CCP aggravator where the defendant procured a weapon beforehand. See, e.g., Rodriguez, 753 So.2d at 46 (where the defendant armed himself with a loaded handgun before proceeding to сommit the crime); Sireci v. Moore, 825 So.2d 882, 886 (Fla. 2002) (acquisition of a tire iron); Zakrzewski, 717 So.2d at 492 (the defendant purchased the murder weapon the morning before the murders). However, such procurement need not be that far in advance. In Jackson, 704 So.2d at 505, the defendant went upstairs, obtained a gun, and made a deliberate and conscious choice to shoot a law enforcement officer. We found heightened premeditation because the defendant could have left the scene, but instead purposely returned with the gun to confront the officer. Id. at 505. We have found the CCP aggravator in other cases where the defendant did not procure his own murder weapon before arriving at the scene. See Mason v. State, 438 So.2d 374, 379 (Fla.1983) (where the defendant broke into the victim‘s home, armed himself with a knife from her kitchen, and attacked the victim as she lay sleeping in bed).
Buzia nevertheless relies on Geralds v. State, 601 So.2d 1157 (Fla.1992). In Geralds, the defendant interrogated the victim‘s children regarding when family members would be present in the house; brought gloves, a change of clothes, and plastic ties to the house; left his car at a location away from the house; and bound and stabbed the victim. Id. at 1163-64. We held that the trial court erred in finding the CCP aggravator. Id. at 1164. Buzia asserts that this case is “indistinguishable” from Geralds. Although this case and Geralds bear one significant similarity—the weapon used in each crime was a “weapon of opportunity” found in the house rather than one “brought to the scene,” id.—Geralds is nonetheless distinguishable. First, the defendant in Geralds obtained information about who would be home probably to avoid contact with anyone during the burglary. Id. at 1163. Here, Buzia traveled to the Kersches’ residence for the explicit purpose of confronting the Kersches. Second, the defendant in Geralds bound the victim first instead of immediately killing her, which suggests that he might not have planned to kill her. Id. at 1163-64. There was also evidence of a struggle prior to the killing. Id. Here, Buzia never bound Mr. Kersch, and no frenzy or struggle оccurred. He immediately attacked him with his fists and, shortly thereafter, struck him with an ax. Therefore, we find Geralds distinguishable.
E. Proportionality
In his fifth claim, Buzia challenges the weight assigned to the aggravating circumstances and argues that the death penalty is not appropriate. The weight to be given aggravating factors is within the discretion of the trial court, and it is subject to the abuse of discretion standard. Sexton v. State, 775 So.2d 923, 934 (Fla.2000). “[D]iscretion is abused only where no reasonable man would take the view adopted by the trial court.” Huff v. State, 569 So.2d 1247, 1249 (Fla.1990) (quoting Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980)). We affirm the weight accorded an aggravator if based on competent, substantial evidence. Sexton, 775 So.2d at 934. Here, the trial court assigned great weight the prior violent felony, avoid-arrest, HAC, and CCP aggravators. As discussed above, competent, substantial evidence supports the court‘s finding of these aggravators. We find no abuse of discretion.
We are nevertheless obligated to review each death sentence for proportionality. Anderson v. State, 841 So.2d 390, 407 (Fla.), cert. denied, 540 U.S. 956, 124 S.Ct. 408, 157 L.Ed.2d 292 (2003). In this case, the jury recommended death by a vote of eight to four, and the trial court so sentenced Buzia. The court found and assigned great weight to four aggravating circumstances—prior violent felony, avoid-arrest, HAC, and CCP. We have held that both the HAC and CCP aggravators are “two of the most serious aggravators set out in the statutory sentencing scheme.” Larkins v. State, 739 So.2d 90, 95 (Fla. 1999). Furthermore, we have upheld death sentences where the prior violent felony aggravator was the only one present. See, e.g., LaMarca v. State, 785 So.2d 1209, 1217 (Fla.2001); Ferrell v. State, 680 So.2d 390, 391 (Fla.1996).
We find that the sentence is proportional in relation to other death sentences we have upheld.8See, e.g., Lynch, 841 So.2d at 377 (finding death sentence proportionate where three aggravators were found applicable to each murder—including prior violent felony, CCP, and HAC—and little weight was given one statutory mitigator and eight nonstatutory mitigators were accorded moderate or little weight); Way, 760 So.2d at 920-21 (finding the death penalty proportional where four aggravators were found—prior violent felony, murder committed during the commission of a felony, HAC, and CCP—and two statutory mitigators and seven nonstatutory mitigators were found); Cave v. State, 727 So.2d 227, 229 (Fla.1998) (affirming death sentence where four aggravators were found—murder in the course of a felony (robbery-kidnapping), CCP, HAC, and avoid-arrest—and one statutory and eight nonstаtutory mitigators were found).
F. The Ring Claim
In his final claim, Buzia argues that Florida‘s capital sentencing procedures violate Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). We have previously rejected this contention. See Jones v. State, 845 So.2d 55, 74 (Fla.2003) (citing Bottoson v. Moore, 833 So.2d 693 (Fla.2002), and King v. Moore, 831 So.2d 143 (Fla.2002)). Additionally, we have repeatedly upheld the constitutionality of Florida‘s capital sentencing procedures in cases, such as this one, that include the prior violent felony aggravator. See Robinson v. State, 865 So.2d 1259, 1265 (Fla.2004) (“[A] prior violent felony involve[s] facts that were already submitted to a jury during trial and, hence, [is] in compliance with Ring.“) (citing Owen v. Crosby, 854 So.2d 182, 193 (Fla.2003)). Accordingly, Buzia is not entitled to relief.
G. Sufficiency of the Evidence
Although Buzia has not challenged the sufficiency of the evidence, we have the independent duty to review the record in each death penalty case to determine whether competent, substantial evidence supports the murder conviction. See
III. CONCLUSION
Having heard oral argument and considered each of the issues raised in this direct appeal, we affirm Buzia‘s judgment and sentence of death.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.