Rahyns v. State

ON MOTION FOR REHEARING

WARNER, C.J.

On rehearing the appellant has cited several cases involving appeals from first degree murder convictions in which the death penalty was imposed. In such cases, one aggravating factor for the court to consider is whether the defendant “knowingly created a great risk of death to many persons.” § 921.141(5)(c), Fla.Stat. (1997). In Bello v. State, 547 So.2d 914, 917 (Fla.1989), the court held that this aggravating factor was not proven where the defendant’s acts created a high probability of death to at most only three people besides the victim. See also Lucas…