Beets v. State

Respectfully, I dissent. I conclude that three aggravating circumstances provided to the jury at the first penalty hearing were improper and therefore I cannot join in the majority opinion affirming the sentence.

Preliminarily, I note that, because the jury was improperly instructed during the first penalty hearing, appellant must be afforded a new penalty hearing. The second penalty hearing before the three-judge panel did not serve to cure the errors. Appellant correctly argues that, if the jury had been properly instructed, the jury may have been able to sentence appellant and the matter…