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ORAL ARGUMENT NOT yet SCHEDULED No 05 1123 in the Flra  Form

ORAL ARGUMENT NOT yet SCHEDULED No 05 1123 in the Flra Form

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>> ORDER IN THE COURT. SUPREME COURT OF FLORIDA IS NOW IN SESSION. THE HONORABLE CHIEF JUSTICE CHARLES T. CANADY PRESIDING. >> GOOD MORNING AND WELCOME TO THIS SESSION OF THE FLORIDA SUPREME COURT. ON OUR DOCKET TODAY, WE HAVE THE CASE OF CRUZ V. THE STATE OF FLORIDA. COUNSEL? >> GOOD MORNING. MAY IT PLEASE THE COURT AND COUNSEL, MY NAME IS RAFAEL RODRIGUEZ, I REPRESENT MR. CRUZ ON THIS DIRECT APPEAL IN THE CAPITAL MURDER CONVICTION AND SENTENCE OF DEATH. WE HAVE RAISED SEVERAL ISSUES IN OUR BRIEF, BUT I WOULD LIKE TO ADDRESS A FEW OF THEM, TIME PERMITTING. THE FIRST ONE I WOULD LIKE TO ADDRESS IS THE ISSUES RAISED IN ISSUE 12 OF OUR INITIAL BRIEF DEALING WITH ERRORS IN THE TRIAL COURT'S SENTENCING ORDER. IN PARTICULAR, INSOFAR AS THE DISPARITY OF SENTENCE BETWEEN MR. CRUZ AND MR. CHARLES WHO'S THE CO-DEFENDANT. AS A WAY OF FACTUAL BACKGROUND, MR. CRUZ WENT TO TRIAL FIRST. HE WAS CONVICTED, HE WENT TO A PENALTY PHASE, THE JURY RECOMMENDED OR VOTED FOR DEATH, AND THEN THE COURT HANDLED

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