Case Brief

Ted Herring, Appellant, vs. State of Florida, Appellee. 730 So. 2d 1264; September 24, 1998

Facts: 

Appellant Ted Herring was convicted of robbing a convenience shop and firing a clerk throughout the course of that robbery. Such misdeeds seldom, if ever, outcome in the imposition of a death sentence. Only one detail in the test record conveyed about Herring's death sentence: one of the policemen who consulted him, Dozell Varner, testified that Herring notified him that he shot the clerk a second time to avert him from testifying against him. This lone part of clues furnished the basis for the "avoidance of arrest" aggravating circumstance and assisted ...