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Lugo v. State2/20/2003
stay on death row constitutes cruel and unusual punishment." Booker v. State, 773 So. 2d 1079, 1096 (Fla. 2000) (quoting Knight v. State, 746 So. 2d 423, 437 (Fla. 1998)). Therefore, we deny relief on this issue.
Conclusion
We have reviewed all of the issues Lugo presents, and determine that he is entitled to no relief. Moreover, we determine that competent, substantial evidence supports all of his convictions, and that his sentences of death are proportional. Accordingly, we affirm Lugo's convictions and sentences of death.
It is so ordered.
ANSTEAD, C.J., WELLS, LEWIS, and QUINCE, JJ., and SHAW and HARDING, Senior Justices, concur.
PARIENTE, J., concurs specially with an opinion.
PARIENTE, J., specially concurring.
I concur with the majority's affirmance of the death sentence, and I further concur in the denial of relief under Ring v. Arizona, 122 S. Ct. 2428 (2002), for the same reasons as in my separate opinions in Porter v. Crosby, 28 Fla. L. Weekly S33, S34-35 (Fla. Jan. 9, 2003) (Pariente, J., concurring in result only), and Israel v. State, 28 Fla. L. Weekly S7, S11-12 (Fla. Dec. 19, 2002) (Pariente, J., concurring in result only). As in both Porter and Israel, two aggravating circumstances in this case were based on Lugo's contemporaneous felony convictions found by the jury unanimously during the guilt phase of trial. Accordingly, Lugo is not entitled to relief under Ring.
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