BUZIA v. STATE

Supreme Court of Florida

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No. SC04-582

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JOHN M. BUZIA,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

[March 23, 2006]

PER CURIAM.

We review appellant John M. Buzia's appeal of a circuit court judgment sentencing him to death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. As we explain below, we affirm.

I. FACTS AND PROCEDURAL BACKGROUND

Buzia was indicted on charges of the first-degree murder of Charles Kersch, attempted first-degree murder of Thea Kersch, armed burglary of a dwelling with an assault or battery, and robbery with a deadly weapon. Trial was held in March 2003.

A. The Guilt Phase

The Kersches, both 71 years old and retired, lived in a gated community. In the past, Buzia had performed odd jobs around their residence and rental properties. On the morning of March 14, 2000, Charles Kersch and his wife Thea expected Buzia at their residence for work, but he did not appear. In a videotaped interview with the police, Buzia stated that he had a â€