Anthony Spann

Background

Anthony Spann was sentenced to death on June 23, 2000.

The offence

Spann was indicted on multiple counts, including First-Degree Murder (Kazue Perron), conspiracy to commit robbery with a firearm, carjack with firearm (deadly weapon), kidnapping during the commission or facilitation of a felony, robbery with firearm, and grand theft (more than $300, less than $5,000).

Investigation

Spann was arrested on 11/17/97.

Arrest

Spann was arrested on 11/17/97.

Trial

Spann was indicted on 12/16/97 on the following counts:

• Count VII: First-Degree Murder (Kazue Perron)
• Count VIII: Conspiracy to Commit Robbery with a Firearm
• Count IX: Carjack with Firearm (Deadly Weapon)
• Count X: Kidnapping (During the Commission or Facilitation of a Felony)
• Count XI: Robbery with Firearm
• Count XII: Grand Theft (more than $300, less than $5,000)

Spann entered a written plea of not guilty on 02/16/98.

On 06/23/99, the judge ordered that the Spann case be severed from the Philmore case.

On 05/24/00, Spann was found guilty on all counts charged in the indictment.

On 05/25/00, Spann waived advisory sentencing by a jury.

Sentencing

On 06/23/00, Spann was sentenced as follows:

• Count VII: First-Degree Murder (Kazue Perron) — Death
• Count VIII: Conspiracy to Commit Robbery with a Firearm — 15 Years
• Count IX: Carjack with Firearm (Deadly) — Life
• Count X: Kidnapping (During the Commission or Facilitation of a Felony) — Life
• Count XI: Robbery with Firearm — Life
• Count XII: Grand Theft (more than $300, less than $5,000) — 5 Years

Appeals

Spann filed his Direct Appeal in the Florida Supreme Court on 07/14/00. The issues addressed included whether the trial court erred in allowing expert handwriting testimony that Spann contended did not satisfy the Frye test, and whether the trial court erred by granting Spann’s request to waive mitigation and the sentence recommendation by an advisory jury. Spann also argued that the trial court improperly considered or applied the aggravating and mitigating factors.

The Florida Supreme Court affirmed the conviction and sentence on 04/03/03.

Rehearing was denied on 10/16/03.

A mandate was issued on 10/31/03.

Spann filed a 3.850 Motion on 08/04/04. The Motion was denied on 06/29/05.

Spann filed a 3.851 Appeal in the Florida Supreme Court on 07/28/05. The appeal was currently pending.

Outcome

Spann was sentenced to death on June 23, 2000, and the Florida Supreme Court affirmed the conviction and sentence on 04/03/03.

Other details

The case information included dates and procedural steps covering arrest, indictment, plea, severance from the Philmore case, conviction on all counts, waiver of advisory sentencing, sentencing on all counts, direct appeal, rehearing denial, mandate issuance, and post-conviction motions and appeals.