Brevard County: Johnny Hoskins resentenced to life
Johnny Hoskins was originally convicted of first-degree murder and sentenced to death on November 4, 1994. In July he was resentenced to life after a plea deal with the State.
Johnny Hoskins was originally convicted of first-degree murder and sentenced to death on November 4, 1994, for murdering Dorothy Berger in Brevard County in October 1992.1 After his original trial, the trial court granted Hoskins a new penalty phase. At the second penalty phase, the jury unanimously recommended death, and Hoskins was again sentenced to death.
On direct appeal, the Florida Supreme Court vacated Hoskins’ death sentence and remanded for a new penalty phase. At the new penalty phase (Hoskins’ third), the jury recommended a death sentence by a vote of 11-1.2
By special interrogatories, the jury found three aggravating circumstances: (1) the capital felony was committed during the course of or in flight after committing the crimes of robbery, sexual battery, or kidnapping (vote of 12–0); (2) the capital felony was committed for the purpose of avoiding or preventing a lawful arrest (vote of 12–0); and (3) the capital felony was especially heinous, atrocious, or cruel (HAC) (vote of 10–2).3
The trial court found the following mitigation and assigned the noted weight:
(1) the Defendant formed and maintained loving relationships with his family (little weight); (2) the Defendant was a father figure to his siblings (little weight); (3) the Defendant protected his mother from his father's abuse (little weight); (4) low IQ (little weight); (5) low mental functional ability (little weight); (6) some abnormalities in the brain which may cause some impairment (little weight); (7) an impoverished and abusive background (some weight); (8) mental age equivalent (between fifteen and twenty-five) (little weight); (9) the Defendant helped support his family financially (little weight); (10) the Defendant had and cared for many pets (little weight); (11) no disciplinary problems in school (little weight); (12) the Defendant suffered from poor academic performance and left school at age sixteen to work to help his family (little weight); (13) the Defendant was not malingering (little weight); (14) the Defendant expressed remorse (little weight); (15) potential for rehabilitation and lack of future dangerousness (little weight); and (16) good jail conduct, including death row behavior (little weight).4
On direct appeal in 2007, the Florida Supreme Court affirmed Hoskins’ death sentence.
After Hurst, Hoskins received a new penalty phase.5
On July 17, Hoskins entered a plea deal with the State, agreeing to life in prison without parole in exchange for the State agreeing to drop the death penalty.
The Court entered a new judgment and sentence the same day.
Hoskins v. State, 965 So. 2d 1, 5 (Fla. 2007).
Id. at 6.
Id.
Id.