State v. Whitfield

*256ON MOTION TO RECALL MANDATE

LAURA DENVIR STITH, Judge.

In 1994, a jury convicted Joseph Whitfield of first-degree murder, but could not agree on punishment during the penalty phase, voting 11 to 1 in favor of life imprisonment.1 The judge then undertook the four-step process required by section 565.030.42 for determining punishment. He found the presence of statutory and non-statutory aggravating circumstances, determined these circumstances warranted death, considered whether there were mitigating circumstances and found they did not outweigh the circumstances in aggravation, and decided under…