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Everett v. State11/24/2004
n" exception to Ring and Apprendi v. New Jersey, 530 U.S. 466 (2000)).
I likewise concur in the rejection of Everett's claim that the jury instructions in this case violate Caldwell v. Mississippi, 472 U.S. 320, 328-29 (1985), based on our longstanding precedent. However, as I have previously stated, I would amend the standard instructions to inform the jurors that they are the finders of fact as to the aggravating circumstances necessary for the imposition of the death sentence. See Globe v. State, 877 So. 2d 663, 679-80 (Fla. 2004) (Pariente, J., specially concurring); Bottoson v. Moore, 833 So. 2d 693, 723 (Fla.) (Pariente, J., concurring in result only), cert. denied, 537 U.S. 1070 (2002). I would apply this change to the instructions prospectively.
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