mombomb
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The jury found Scott guilty as to all counts. As to his conviction for first-degree murder, the jury found Scott guilty, by special verdict, under both premeditated and felony-murder theories.
Here's the proportionality test:
"[W]e make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." We consider the totality of the circumstances of the case and compare the case to other capital cases. This entails "a qualitative review by this Court of the underlying basis for each aggravator and mitigator rather than a quantitative analysis." In other words, proportionality review "is not a comparison between the number of aggravating and mitigating circumstances.
....when the facts and circumstances in this case are compared to other capital cases involving a robbery-murder, we conclude that death is not the appropriate penalty."
In accordance with our analysis above, we affirm Scott's conviction for first-degree murder but vacate the sentence of death and remand for the imposition of a sentence of life imprisonment without the possibility of parole.
So, this death sentence was also vacated and he's now serving LWOP.
Here's the proportionality test:
"[W]e make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." We consider the totality of the circumstances of the case and compare the case to other capital cases. This entails "a qualitative review by this Court of the underlying basis for each aggravator and mitigator rather than a quantitative analysis." In other words, proportionality review "is not a comparison between the number of aggravating and mitigating circumstances.
....when the facts and circumstances in this case are compared to other capital cases involving a robbery-murder, we conclude that death is not the appropriate penalty."
In accordance with our analysis above, we affirm Scott's conviction for first-degree murder but vacate the sentence of death and remand for the imposition of a sentence of life imprisonment without the possibility of parole.
So, this death sentence was also vacated and he's now serving LWOP.