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Apicella v. State4/28/2000
ial court's order indicates that it made its determination that Apicella did not have a significant history of prior criminal conduct based on Apicella's arrest record, we do not believe the trial court's finding will withstand the rigors of the appellate review process. Thus, we must remand this cause with directions that the trial court reevaluate the existence or nonexistence of this mitigating circumstance based only on Apicella's convictions. As previously instructed, the trial court should also enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in § 13A-5-49, each mitigating circumstance enumerated in § 13A-5-51, and any additional non-statutory mitigating circumstances offered pursuant to § 13A-5-52, and, once again, decide the appropriate punishment by reweighing the aggravating circumstance against the mitigating circumstances. No evidentiary hearing is required. The rewritten sentencing order of the trial court shall be filed in this court within 35 days from the date of this opinion.
REMANDED WITH DIRECTIONS.
Long, P.J., and McMillan, Cobb, and Baschab, JJ., concur.
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