context: See Way I, 496 So.2d at 129. Further, during the resentencing, although the sentencing order stated that the record supported a finding that the murder was CCP, the order also stated that the trial court had not relied upon this aggravating circumstance because the State had not asserted its applicability during the resentencing proceedings. Because the jury had not been instructed on this aggravating circumstance and the trial court stated it did not consider this aggravating circumstance, even if the record does not support the imposition of this aggravating circumstance, we conclude that any error in the trial court's finding this aggravating circumstance applicable is harmless beyond a reasonable doubt.
citation_a.signal: cf.
citation_a.identifier: 681 So.2d 1112, 1118
citation_a.parenthetical: concluding that the trial court did not err in finding applicable an aggravating circumstance that had not been alleged by the State and for which the jury had received no instruction
citation_a.sentence: See Sochor v. State, 619 So.2d 285, 293 (Fla.1993) (affirming death sentence despite the trial court’s error in finding the aggravating circumstance of CCP applicable because “if there is no likelihood of a different sentence, the error must be deemed harmless”); cf. Sims v. State, 681 So.2d 1112, 1118 (Fla.1996) (concluding that the trial court did not err in finding applicable an aggravating circumstance that had not been alleged by the State and for which the jury had received no instruction).
citation_b.signal: see
citation_b.identifier: 619 So.2d 285, 293
citation_b.parenthetical: affirming death sentence despite the trial court's error in finding the aggravating circumstance of CCP applicable because "if there is no likelihood of a different sentence, the error must be deemed harmless"
citation_b.sentence: See Sochor v. State, 619 So.2d 285, 293 (Fla.1993) (affirming death sentence despite the trial court’s error in finding the aggravating circumstance of CCP applicable because “if there is no likelihood of a different sentence, the error must be deemed harmless”); cf. Sims v. State, 681 So.2d 1112, 1118 (Fla.1996) (concluding that the trial court did not err in finding applicable an aggravating circumstance that had not been alleged by the State and for which the jury had received no instruction).