State v. Demons
The Fourth DCA granted the State's petition for writ of prohibition, holding that the State's timely-filed notice of intent to seek the death penalty under section 782.04(1)(b) and rule 3.181 survived a later superseding indictment that merely added a gang sentencing enhancement. The court held that a superseding indictment which is a continuation of the original charges (not a complete restatement) does not vitiate a previously filed and timely notice of intent to seek death, and no re-notice is required. The court certified a question of great public importance to the Florida Supreme Court.
Key facts
- State charged Demons with capital murder under section 782.04(1)(b) and timely filed a notice of intent to seek the death penalty within 45 days of arraignment on the original indictment.
- The State later obtained a superseding indictment that continued the original murder charges but added a gang sentencing enhancement.
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Why it matters
This opinion resolves a previously unsettled procedural question affecting capital murder prosecutions: whether a superseding indictment that adds only a sentencing enhancement requires the State to re-file its notice… — full analysis with a trial
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