Supreme Court of Florida

TUESDAY, MAY 4, 2005

WILLIAM H. KELLEY vs. JAMES V. CROSBY, JR., ETC.

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Petitioner(s) Respondent(s)

William H. Kelley has filed a successive petition for writ of habeas corpus

wherein he challenges the validity of his death sentence under Ring v. Arizona, 536

U.S. 584 (2002). This Court has rejected similar claims in Bottoson v. Moore, 833

So. 2d 693 (Fla.), cert. denied, 537 U.S. 1070 (2002), and King v. Moore, 831 So. 2d

143 (Fla.), cert. denied, 537 U.S. 1067 (2002), and subsequent cases. Furthermore,

one of the aggravating circumstances found by the trial court in this case was prior

conviction of a violent felony, "a factor which under Apprendi and Ring need not be

found by the jury." Jones v. State, 855 So. 2d 611, 619 (Fla. 2003). The petition is

denied.

WELLS, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur.

ANSTEAD, C.J., dissents.

QUINCE, J., recused.

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JAMES CHARLES LOHMAN

CAROL M. DITTMAR