David Livingston FUNCHESS, Appellant, v. STATE of Florida, Appellee, 341 So. 2d 762

PER CURIAM. We here review on direct appeal the first degree murder convictions and consecutive sentences of death imposed upon appellant by the Circuit Court in and for Duval County, Florida.

Article V,

Section 3(b)(1), Constitution of Florida. Appellant was indicted in a two count indictment for the stabbing death of Anna Waldrop and for the stabbing death of Clayton Ragan. He was convicted on both counts of murder in the first degree, and was sentenced to two consecutive sentences of death after recommendation by the jury that appellant be sentenced to death. Appellant’s motion to dismiss the indictment on the ground that the death penalty statute is unconstitutional was denied.

Pursuant to Rule 3.210, Florida Criminal Procedure Rules, the trial judge granted appellant’s motion suggesting that he was insane and ordered a psychiatric examination. A sanity hearing was held and appellant was adjudged sane. Three persons, two of whom died, were discovered seriously stabbed at Avondale Liquors in Jacksonville, Florida. At the time of the murders, appellant was in the act of committing robbery. The trial judge carefully evaluated in detail each of the mitigating and each of the aggravating circumstances set out in

Section 921.141, Florida Statutes, and stated, inter alia: “The robbery and the murders committed by the Defendant were premeditated. The Defendant selected the place for a robbery and like a cobra, he carefully chose the time to strike while casually drinking a cup of coffee across the street from the scene of the crimes. The State has proven beyond a reasonable doubt that the robbery and the murders were premeditated. The objective of the Defendant was to obtain money and he was willing to take the lives of others in order to do so.

By stabbing and cutting throats, he killed two people and pitifully mangled a third person who, at this writing, has not recovered consciousness and after seven months, remains in a coma hardly more than a vegetable. The victims were all practically twice the age of the Defendant and two of the victims were women, one of whom was left gasping for breath at the scene of the crimes. “These are truly some of the most senseless, heinous and horrible murders that have ever taken place in the City of Jacksonville.” We would agree that these were truly senseless, atrocious and heinous crimes.

We have listened carefully to oral argument, examined and considered the record in light of the assignments of error and briefs filed and we have also, pursuant to Rule 6.16(b), Florida Appellate Rules, reviewed the evidence to determine whether the interests of justice require a new trial, with the result that we find no reversible error is made to appear and the evidence in the record before us does not reveal that the ends of justice require that a new trial be awarded.

Upon considering all the mitigating and aggravating circumstances and careful review of the entire record in the cause, the trial court imposed the death penalty for the commission of the afore-described atrocious and heinous crimes. Accordingly, the judgment and sentence of the Circuit Court are hereby affirmed. It is so ordered. OVERTON, C. J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur. ENGLAND, J., concurs with an opinion.