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Pietri v. State8/26/2004
im is that Florida's death penalty sentencing scheme is unconstitutional under the United States Supreme Court's recent decision in Ring v. Arizona, 536 U.S. 584 (2002). This Court recently addressed Pietri's contention in Bottoson v. Moore, 833 So. 2d 693 (Fla.), cert. denied, 537 U.S. 1070 (2002), and King v. Moore, 831 So. 2d 143 (Fla.), cert. denied, 537 U.S. 1067 (2002), and denied relief. Pietri is likewise not entitled to relief on this claim. Moreover, we note that the trial court found as an aggravating factor that Pietri committed the murder while fleeing after committing a felony, namely burglary. This felony murder aggravating factor involves circumstances that were submitted to a jury and found to exist beyond a reasonable doubt. Thus, relief based upon Ring is denied. See Owen v. Crosby, 854 So. 2d 182, 193 (Fla. 2003).
CONCLUSION
In summary, we affirm the trial court's denial of Pietri's motion for post-conviction relief, and further deny his petition for a writ of habeas corpus.
It is so ordered.
PARIENTE, C.J., and WELLS, LEWIS, QUINCE, and BELL, JJ., concur.
CANTERO, J., concurs specially with an opinion, in which WELLS and BELL, JJ., concur.
ANSTEAD, J., concurs in result only.
CANTERO, J., specially concurring.
I concur in the majority opinion. Moreover, regarding the petitioner's claim that Florida's capital sentencing scheme violates Ring v. Arizona, 536 U.S. 584 (2002), I would hold, for the reasons stated in my specially concurring opinion in Windom v. State, 29 Fla. L. Weekly S191, S197-203 (Fla. May 6, 2004), that Ring does not apply retroactively.
WELLS and BELL, JJ., concur.
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