Mr. Victorino was convicted of the first-degree murders of six people who were fatally beaten in 2004. The jury recommended death sentences for the murders of Erin Belanger, Roberto Gonzalez, Jonathon Gleason and Francisco "Flaco" Ayo-Roman and life sentences for the murders of Michelle Nathan and Anthony Vega. The trial court followed those recommendations and imposed those sentences. This Court upheld the death sentences on direct appeal and Mr. Victorino filed a post-conviction challenge in trial court. It was denied and this appeal followed.

Volusia County