pecuniary gain and in an "especially heinous, cruel or depraved" manner. See Ring, 536 U.S. at -, 122 S.Ct. at 2435. 27 . The court found that Ring had a minimal criminal record. See id. 28 . The court struck the "depraved” circumstance. See id. at 2436. 29 . See § 782.04, Fla. Stat. (2001). 30 . The current penalty statute reads as follows: 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.— (1) A person, who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise suc S.Ct. 1620, 32 L.Ed.2d 152 (1972) (<HOLDING>). 42 . See Motion to Call Circuit Judge to
holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment recognizing that the integrity of the family unit has found protection in the due process clause of the fourteenth amendment holding that the due process clause of the fourteenth amendment was not violated by a ninetothree guilty verdict in a state noncapital case holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts