Michael Anthony Tanzi v. State of Florida
Michael Anthony Tanzi v. State of Florida
Opinion of the Court
Michael A. Tanzi appeals an order denying a motion to vacate judgments of conviction, including one of first-degree murder, and a sentence of death under Florida Rule of Criminal Procedure 3.851.
The underlying facts of this case were described in this Court's opinion on direct appeal.
*806Tanzi v. State ,
In this successive postconviction motion, Tanzi argues that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----,
[T]he jury unanimously found all of the necessary facts for the imposition of death sentences by virtue of its unanimous recommendations. .... The unanimous recommendations here are precisely what we determined in Hurst to be constitutionally necessary to impose a sentence of death.
We reject Tanzi's assertion that the Hurst error was not harmless because the jury was not given a mercy instruction. See Knight v. State ,
Additionally, we reject Tanzi's Hurst -induced Caldwell
Accordingly, the Hurst violation in this case is harmless beyond a reasonable doubt and, as in Davis , does not entitle Tanzi to relief. Thus, we affirm the denial of postconviction relief.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, and LAWSON, JJ., concur.
CANADY and POLSTON, JJ., concur in result.
QUINCE, J., dissents with an opinion.
We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
The trial court found the following aggravating factors: (1) that the murder was committed by a person previously convicted of a felony and under sentence of imprisonment or on felony probation; (2) that the murder was committed during the commission of a kidnapping; (3) that the murder was committed during the commission of two sexual batteries; (4) that the crime was committed for the purpose of avoiding arrest; (5) that the murder was committed for pecuniary gain; (6) that the murder was especially heinous, atrocious, or cruel (HAC); and (7) that the murder was committed in a cold, calculated, and premeditated (CCP) manner. Tanzi ,
The court found the following mitigating circumstances: (1) that Tanzi suffered from "axis two" personality disorders; (2) that he was institutionalized as a youth; (3) that his behavior benefited from psychotropic drugs; (4) that he lost his father at an early age; (5) that he was sexually abused as a child; (6) that he twice attempted to join the military; (7) that he cooperated with law enforcement; (8) that he assisted inmates by writing letters and that he enjoys reading; (9) that his family has a loving relationship for him; and (10) that he had a history of substance abuse. Tanzi ,
Caldwell v. Mississippi ,
We also reject Tanzi's claim that the change in law following Hurst and Perry v. State ,
Dissenting Opinion
*807I cannot agree with the majority's finding that the Hurst error was harmless beyond a reasonable doubt. As I have stated previously, "[b]ecause Hurst requires 'a jury, not a judge, to find each fact necessary to impose a sentence of death,' the error cannot be harmless where such a factual determination was not made." Hall v. State ,
Reference
- Full Case Name
- Michael Anthony TANZI, Appellant, v. STATE of Florida, Appellee.
- Cited By
- 2 cases
- Status
- Published