Benjamin Davis Smiley, Jr. v. State of Florida

Supreme Court of Florida ____________ No. SC18-385 ____________ BENJAMIN DAVIS SMILEY, JR., Appellant, vs. STATE OF FLORIDA, Appellee. May 14, 2020 PER CURIAM. Benjamin Davis Smiley, Jr. appeals a circuit court judgment sentencing him to death.1 As we explain, we affirm the conviction and sentence. FACTS AND PROCEDURAL HISTORY I. Guilt Phase Mark Wilkerson lived in Lakeland with his brother Mario, his mother, and his 58-year-old stepfather, Clifford Drake. Late at night on April 15, 2013, as he was putting away his bicycle, Wilkerson heard rattling coming from the chain link 1. We have…