Ellerbee v. State

Terry Marvin Ellerbee, Jr., appeals his judgment of conviction for first-degree murder and sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For reasons set forth below, we affirm Ellerbee’s convictions and death sentence.

FACTUAL AND PROCEDURAL HISTORY

Overview

After a jury trial, Terry Marvin Eller-bee, Jr., was convicted of the September 2006, first-degree murder of Thomas Del-larco in Okeechobee County, Florida. In addition to first-degree murder, Ellerbee was charged with and convicted of the contemporaneous burglary of Dellarco’s home with an assault or battery…