Opinion
Case No. SC03-1903.
May 4, 2004
William H. Kelley has filed a successive petition for writ of habeas corpus wherein he challenges the validity of his death sentence underRing v. Arizona, 536 U.S. 584 (2002). This Court has rejected similar claims 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 subsequent cases. Furthermore, one of the aggravating circumstances found by the trial court in this case was prior conviction of a violent felony, "a factor which under Apprendi andRing need not be found by the jury." Jones v. State, 855 So.2d 611, 619 (Fla. 2003). The petition is denied.
WELLS, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur. ANSTEAD, C.J., dissents.
QUINCE, J., recused.