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Ferrell v. State

Supreme Court of Florida
Nov 9, 2000
772 So. 2d 1218 (Fla. 2000)

Opinion

No. SC93127.

Opinion filed November 9, 2000.

A Notice and Cross-Notice of Appeal from the Circuit Court in and for Lake County, Jerry Lockett, Judge — Case No. 96-1913-CF-JL.

James B. Gibson, Public Defender, and Christopher S. Quarles, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, Florida, for Appellee/Cross-Appellant.

William O. Solms, Miami, Florida; and Kimball E. Gilmer, Charlottesville, Virginia, for The Rutherford Institute, Amicus Curiae.


We have on appeal the judgments and sentences of the trial court imposing the death penalty upon Roderrick Justin Ferrell. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we vacate the death sentences and reduce the sentences to life imprisonment without the possibility of parole.

Roderrick Justin Ferrell pled guilty to one count of armed burglary, one count of armed robbery, and two counts of first-degree murder for the 1996 murders of Richard Wendorf and Naoma Queen. He was sixteen at the time of the crimes. The trial court sentenced Ferrell to death for the murders.

Subsequently, in Brennan v. State, 754 So.2d 1 (Fla. 1999), this Court concluded that the imposition of a death sentence on a sixteen-year-old defendant constitutes cruel or unusual punishment in violation of article I, section 17 of the Florida Constitution. Accordingly, we affirm Ferrell's convictions, vacate his death sentences, and reduce the sentences to life imprisonment without the possibility of parole.

We reject the State's argument and invitation to revisit this decision.

It is so ordered.

Shaw, Harding, Anstead, Pariente, Lewis and Quince, JJ., Concur.

Wells, C.J., Dissents.


Summaries of

Ferrell v. State

Supreme Court of Florida
Nov 9, 2000
772 So. 2d 1218 (Fla. 2000)
Case details for

Ferrell v. State

Case Details

Full title:RODERRICK JUSTIN FERRELL, Appellant, Cross-Appellee, v. STATE OF FLORIDA…

Court:Supreme Court of Florida

Date published: Nov 9, 2000

Citations

772 So. 2d 1218 (Fla. 2000)