Volusia County: Jury recommends death for Julio Rivera

Yesterday, a Volusia County jury recommended by a vote of 8-4 that Julio Rivera be sentenced to death.

Earlier this month, a Volusia County jury convicted Julio Rivera of first-degree murder.

The jury also convicted Rivera of possession of a firearm by a convicted felon.

Before trial, Rivera, through his attorneys, challenged the application of Florida’s new capital sentencing statute to his case. Rivera also challenged the death penalty altogether in his case and filed a Motion to allow the jurors to visit the execution chamber at Florida State Prison. In late November, the Court issued a three-page omnibus Order denying Rivera’s motions.

In the penalty phase, the State presented three aggravating factors:

1. that Rivera was previously convicted of a felony and was under a sentence of imprisonment at the time he committed the murder;

2. that Rivera was previously convicted of a felony involving the use or threat of violence; and

3. that the murder was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification

Yesterday, the jury returned its sentencing verdict. The jury found that the State proved the first two aggravating factors beyond a reasonable doubt but not the third. The jury recommended by a vote of 8-4 that Rivera be sentenced to death on Count 1.

Sentencing is set for April 1. Under the 2023 capital sentencing statute, the trial court has the discretion to impose a sentence of LWOP rather than death.