Wade Wilson’s penalty phase produced two divided jury recommendations: 9–3 on one count and 10–2 on the other. Neither vote was unanimous, but under Florida’s revised capital-sentencing law, unanimity was no longer required for a recommendation of d#ath.

The key change came through legislation approved in April 2023. Under the revised statute, at least eight jurors can recommend d#ath. However, that vote is only one part of the sentencing process.

Before a defendant can even become eligible for a d#ath sentence, the jury must unanimously find at least two statutory aggravating factors beyond a reasonable doubt. If that requirement is satisfied and at least eight jurors recommend d#ath, the recommendation is formally a d#ath recommendation.

The judge then has a separate role. Florida law allows the court, after considering the aggravating factors unanimously found by the jury and all mitigating circumstances, to impose either d#ath or life imprisonment without parole. In other words, the jury’s 9–3 and 10–2 votes did not themselves impose the sentences.

That distinction is important: the split votes cleared the statutory threshold for a d#ath recommendation, while the judge’s sentencing decision came after the required legal weighing of aggravating and mitigating circumstances.

Wilson’s capital appeal remains pending before the Florida Supreme Court under case number SC2024-1345.

Source: Florida Statutes §921.141, Florida Senate legislative summary, Florida Supreme Court.