WEDNESDAY, DECEMBER 10, 1997
State of Florida vs Hootman

No. 91,105

Place of Origin
Pinellas County

Facts
In February 1996, Hootman alleged killed 89-year-old Denward Tune, a business client. The victim was sight- and hearing-impaired, and used a cane or walker. In May 1996 the Legislature approved a new "aggravating factor" as a basis for the death penalty: The victim was vulnerable due to disability or advanced age. The State sought to apply the factor to Hootman, but the defense argued this would violate the prohibition against "ex post facto" laws. The trial court agreed, and the Second District certified the case to the Supreme Court.