Cite as: 504 U. S. 527 (1992)
Opinion of the Court
Stevens, J., filed an opinion concurring in part and dissenting in part, in which Blackmun, J., joined, post, p. 545. Scalia, J., filed an opinion concurring in part and dissenting in part, post, p. 553.
Gary Caldwell argued the cause for petitioner. With him on the briefs were Richard L. Jorandby and Eric Cumfer.
Carolyn M. Snurkowski, Assistant Attorney General of Florida, argued the cause for respondent. With her on the brief were Robert A. Butterworth, Attorney General, and Celia A. Terenzio, Assistant Attorney General.*
Justice Souter delivered the opinion of the Court.
Under Florida law, after a defendant is found guilty of capital murder, a separate jury proceeding is held as the first of two steps in deciding whether his sentence should be life imprisonment or death. Fla. Stat. § 921.141(1) (1991). At the close of such aggravating and mitigating evidence as the prosecution and the defense may introduce, the trial judge charges the jurors to weigh whatever aggravating and mitigating circumstances or factors they may find, and to reach an advisory verdict by majority vote. § 921.141(2). The jury does not report specific findings of aggravating and mitigating circumstances, but if, at the second sentencing step, the judge decides upon death, he must issue a written statement of the circumstances he finds. § 921.141(3). A death sentence is then subject to automatic review by the Supreme Court of Florida. § 921.141(4).
A Florida trial court sentenced petitioner to death after a jury so recommended, and the Supreme Court of Florida affirmed. We must determine whether, as petitioner claims, the sentencer in his case weighed either of two aggravating factors that he claims were invalid, and if so, whether the State Supreme Court cured the error by holding it harmless.
*Steven M. Goldstein filed a brief for the Volunteer Lawyers Resource Center of Florida, Inc., as amicus curiae urging reversal.
Michael Mello filed a brief for the Capital Collateral Representative of the State of Florida as amicus curiae.
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