Wednesday, September 1, 2004
James Delano Winkles v. State of Florida
No.03-935

Pinellas County


Having pled guilty to two counts of first-degree murder and having waived a penalty-phase jury, Winkles in this appeal raises two issues challenging the constitutionality of his death sentence. He argues that under Ring v. Arizona, a jury must find the aggravating circumstances in the penalty phase and that aggravating factors must be charged in the indictment.