Opinion
Case No. SC03-234
October 28, 2003.
Petitioner Angel Nieves Diaz has filed a successive petition for writ of habeas corpus, raising a number of challenges to Florida's death penalty sentencing scheme based on the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 (2002). All of Diaz's claims have been considered by this Court in other cases and decided adversely to him. See Duest v. State, 28 Fla. L. Weekly S501, S506 (Fla. June 26, 2003) (noting rejection of Ring claims in cases involving prior violent felony conviction aggravator); Porter v. Crosby, 840 So.2d 981, 986 (Fla. 2003) (finding "meritless" claim that aggravating circumstances must be charged in the indictment, submitted to the jury, and individually found by a unanimous jury verdict); Bottoson v. Moore, 833 So.2d 693, 695 (Fla.) (rejecting claim that Ring created "irreconcilable conflict" with previous decisions in which the United States Supreme Court "reviewed and upheld Florida's capital sentencing statute over the past quarter of a century"), cert. denied, 537 U.S. 1070 (2002). See also Apprendi v. New Jersey, 530 U.S. 466, 490 (2000) ("Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury, and proved beyond a reasonable doubt.") (emphasis added). Accordingly, the petition for writ of habeas corpus is hereby denied.
WELLS, PARIENTE, LEWIS, QUINCE, CANTERO and BELL, JJ., concur. ANSTEAD, C.J., concurs specially and would deny without prejudice to seek same relief in the trial court.