Dailey v. State

We have on appeal the sentence of the trial court imposing the death penalty upon James Dailey. We have jurisdiction. Art. V, § 8(b)(1), Fla. Const. We affirm.

The facts are set out fully in Dailey v. State, 594 So.2d 254 (Fla.1991). Dailey and another man drove fourteen year-old Shelly Boggio to a deserted beach near St. Peters-burg where Dailey tortured her with a knife, *247attempted to sexually assault her, and then stabbed, strangled and drowned her. Dailey was convicted of first-degree murder and sentenced to death based on five aggravating and no mitigating circumstances.1 This Court struck…