Daniel Ely Perez, who fatally stabbed a woman during a robbery...
Daniel Ely Perez, who fatally stabbed a woman during a robbery, will get a new sentencing hearing, the Florida Supreme Court decided.
Daniel Ely Perez, who fatally stabbed a woman during a robbery, will get a new sentencing hearing, the Florida Supreme Court decided.
The justices unanimously upheld the 1st-degree murder conviction of Perez, 27, but they voted 5-2 to vacate his death sentence.
Perez was convicted of 1st-degree murder for the August 2001 death of Susan Martin. The Supreme Court majority found Martin's death was "unnecessarily torturous, consciousless and pitiless," but that factor was improperly used to justify the death sentence.
Sentencing evidence will be presented to a new jury, which will make a recommendation to the judge. The only alternative to death is life in prison without parole.
The justices unanimously upheld the 1st-degree murder conviction of Perez, 27, but they voted 5-2 to vacate his death sentence.
Perez was convicted of 1st-degree murder for the August 2001 death of Susan Martin. The Supreme Court majority found Martin's death was "unnecessarily torturous, consciousless and pitiless," but that factor was improperly used to justify the death sentence.
Sentencing evidence will be presented to a new jury, which will make a recommendation to the judge. The only alternative to death is life in prison without parole.
— SOURCES
- (Sources: Associated Press, 27/10/2005)