The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.

THOMPSON, William (W/M)

DC # 053779

DOB: 02/19/52

Eleventh Judicial Circuit, Dade County, Case #76-3350

Judge, 1st Sentencing: The Honorable N. Joseph Duran, Jr.

Judge, 2nd Sentencing: The Honorable John A. Tanksley

Resentencing Judge: The Honorable S. Peter Capua

Attorney, 1st Sentencing: Arthur Rothenberg - Assistant Public Defender

Attorney, 2nd Sentencing: Harry Solomon, Esq.

Attorneys, Resentencing: Joy Carr, Esq., Raymond Badini, Esq. & John Lapinsky, Esq.

Attorney, Direct Appeal I: Louis M. Jepeway, Esq.

Attorney, Direct Appeal II: Harry Solomon, Esq.

Attorney, Direct Appeal, Resentencing: Geoffrey C. Fleck, Esq.

Attorney, Collateral Appeals: Terri Backhus and Stacie Brown – CCRC-S

Date of Offense: 03/30/76

Date of Sentencing I: 06/24/76

Date of Sentencing II: 09/20/78

Date of Resentencing: 08/25/89

Circumstances of Offense:

William Thompson was convicted and sentenced to death for the 03/30/76 kidnapping, rape and murder of Sally Ivester.

William Thompson, Rocco Surace, Barbara Savage and Sally Ivester were staying together in a motel room in Dade County. Thompson and Surace instructed the two women to call their families in order to obtain money. Both Thompson and Surace became enraged when Sally could only get $25 from her family, when she had previously claimed that she could get close to $200. At that time, Surace ordered Sally into the bedroom where he began to strike her in the face with his chain-link belt. Surace ordered Sally to take off her clothes, while Thompson systematically beat her with the chain-link belt. The two men then sodomized her with the leg of a chair and also with a nightstick. The violent ramming tore the inner lining of the vaginal wall, causing internal bleeding. Thompson and Surace burned Sally with cigarettes and lighters, forced her to eat a sanitary napkin, and lick beer off the floor. The two men then took Sally to a phone booth and ordered her to call her mother to ask for more money. After the phone call, Thompson and Surace took Sally back to the motel room where the brutal beating continued. Sally died from the injuries sustained in the assault.

Barbara Savage, who was a witness to the murder of Sally Ivester, testified that she feared for her life if she tried to leave the motel during the malicious attack.

Codefendant Information:

Rocco Surace

Rocco Surace pled guilty to the kidnapping, rape and murder of Sally Ivester. The trial court sentenced him to death; however, the Florida Supreme Court reversed the sentence on appeal. At Surace’s retrial, Thompson testified, claiming responsibility for the entire incident and Surace was found guilty of Second Degree Murder. He was sentenced to life and died on 11/14/93 while in the custody of the Florida Department of Corrections.

Trial Summary:

04/01/76 Defendant arrested.

04/14/76 Defendant indicted on:

Count I: First-Degree Murder (Sally Ivester)

Count II: Kidnapping

Count III: Sexual Battery

05/07/76 Defendant was arraigned and entered a plea of “not guilty” to all counts charged in the indictment.

06/15/76 Defendant changed his plea to “guilty” on all counts charged in the indictment.

06/15/76 Judgment rendered by the trial court.

06/17/76 Upon advisory sentencing, the jury voted by a majority for the death penalty.

06/24/76 The defendant was sentenced as followed:

Count I: First-Degree Murder (Sally Ivester) – Death

Count II: Kidnapping - Life

Count III: Sexual Battery – Life

06/23/77 Upon Direct Appeal, the Florida Supreme Court reversed the judgments and sentence of death and remanded to the trial court with instructions to allow Thompson to withdraw his guilty plea and proceed to trial.

09/18/78 The defendant again pled guilty to all counts charged in the indictment.

09/18/78 Judgment rendered by the trial court.

09/20/78 Upon advisory sentencing, the jury voted by a majority for the death penalty.

09/20/78 The defendant was sentenced as followed:

Count I: First Degree Murder - Death

Count II: Kidnapping - Life

Count III: Sexual Battery – Life

09/09/87 In a consolidated opinion, FSC remanded Thompson’s case for resentencing under the dictates of Hitchcock v. Dugger [1].

Resentencing Summary:

04/17/89 A new penalty phase commenced before a new jury.

06/06/89 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.

08/25/89 Thompson was resentenced as followed:

Count I: First-Degree Murder – Death

Count II: Kidnapping – Life

Count III: Sexual Battery – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #49,964

351 So. 2d 701

07/30/76 Appeal filed.

06/23/77 In a consolidated opinion with Thompson’s 3.850 Appeal (FSC # 50,486),

FSC reversed the judgment and sentence, and remanded to the trial court with instructions to allow Thompson to withdraw his guilty plea and proceed to trial.

11/28/77 Rehearing denied.

12/02/77 Mandate issued.

State Circuit Court – 3.850 Motion

CC #76-3350

06/30/76 Motion filed to set aside the imposition of the death penalty.

07/07/76 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #50,486

351 So. 2d 701

10/29/76 Appeal filed.

06/23/77 In a consolidated opinion with Thompson’s Direct Appeal (FSC # 49,964), FSC reversed the judgment and sentence, and remanded to the trial court with instructions to allow Thompson to withdraw his guilty plea and proceed to trial.

11/28/77 Rehearing denied.

12/02/77 Mandate issued.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #77-6265

435 U.S. 998

02/27/78 Petition filed.

04/24/78 Petition denied.

Florida Supreme Court – Direct Appeal

FSC #55,697

389 So. 2d 197

12/11/78 Appeal filed.

07/03/80 FSC affirmed the judgments and sentence of death.

11/06/80 Rehearing denied.

State Circuit Court – 3.850 Motion

CC #76-3350

08/05/81 Motion filed.

08/06/81 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #61,164

410 So. 2d 500

09/11/81 Appeal filed.

02/11/82 Denial of Thompson’s 3.850 Motion affirmed.

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #82-365

02/24/82 Petition filed.

04/28/82 Motion for continuance granted.

State Circuit Court – 3.850 Motion

CC #76-3350

02/22/82 Motion filed.

05/14/84 Motion dismissed without prejudice as the State waived exhaustion of Thompson’s unexhausted claims and the USDC accepted the waiver.

U.S. Court of Appeals, 11th Circuit – Interlocutory Appeal (Filed by State)

USCA #82-6052

714 F.2d 1495 (U.S. 1983)

07/08/82 Interlocutory appeal filed.

09/06/83 USCA vacated the decision reached by the USDC and remanded the case in order to allow the USDC to consider whether to accept or reject the State’s waiver of Thompson’s unexhausted claims under the guidelines set forth by the USCA.

10/12/83 Rehearing denied.

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus (On Remand)

USDC #82-365

09/06/83 Case remanded by USCA in order to allow the USDC to consider whether to accept or reject the State’s waiver of Thompson’s unexhausted claims under the guidelines set forth by the USCA.

09/12/84 USDC denied Thompson’s Petition for Writ of Habeas Corpus.

U.S. Court of Appeals, 11th Circuit – Habeas Appeal

USCA #84-5815

787 F. 2d 1447

10/04/84 Appeal filed.

04/10/86 USCA affirmed the denial of Thompson’s Petition for Writ of Habeas Corpus.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #86-5769

481 U.S. 1042

10/27/86 Petition filed.

05/04/87 Petition denied.

State Circuit Court – 3.850 Motion

CC #76-3350

06/18/87 Motion filed.

06/29/87 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #70,781

515 So. 2d 173

06/29/87 Appeal filed.

09/09/87 In a consolidated opinion with Thompson’s Petition for Writ of Habeas Corpus, FSC remanded Thompson’s case for resentencing under the dictates of Hitchcock v. Dugger.

12/07/87 Rehearing denied.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #70,739

515 So. 2d 173

06/19/87 Petition filed.

09/09/87 In a consolidated opinion with Thompson’s 3.850 Appeal, FSC deemed Thompson’s petition to be moot since the case was remanded for resentencing based on the Hitchcock claim.

12/07/87 Rehearing denied.

U.S. Supreme Court – Petition for Writ of Certiorari (Filed by State)

USSC #87-1197

485 U.S. 960

01/19/88 Petition filed.

03/21/88 Petition denied.

Florida Supreme Court – Direct Appeal (Resentencing)

FSC #75,499

619 So. 2d 261

02/06/90 Appeal filed.

06/04/92 FSC affirmed Thompson’s sentence of death.

04/01/93 FSC issued a clarified opinion and again affirmed Thompson’s death sentence.

06/10/93 Rehearing denied.

07/12/93 Mandate issued.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #93-5621

510 U.S. 966

08/16/93 Petition filed.

11/08/93 Petition denied.

State Circuit Court – 3.850 Motion

CC #76-3350

05/23/95 Motion filed.

11/08/95 Amended motion filed.

12/12/95 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #87,481

759 So. 2d 650

02/28/96 Appeal filed.

04/13/00 In a consolidated opinion with Thompson’s Petition for Writ of Habeas Corpus, FSC affirmed the denial of Thompson’s 3.850 Motion.

06/13/00 Rehearing denied.

07/19/00 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #88,321

759 So. 2d 650

06/25/96 Petition filed.

04/13/00 In a consolidated opinion with Thompson’s 3.850 Appeal, FSC denied Thompson’s Petition for Writ of Habeas Corpus.

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #01-2457

06/13/01 Petition filed.

12/14/01 Petition dismissed.

01/29/02 Motion for certificate of appealability granted in part and denied in part.

U.S. Court of Appeal, 11th Circuit – Habeas Appeal

USCA #02-10642

320 F. 3d 1228

02/04/02 Appeal filed.

02/06/03 Denial Affirmed.

State Circuit Court – 3.850 Motion

CC #76-3350

06/18/03 Motion filed.

11/12/03 Motion denied.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #03-6245

544 U.S. 957 (2007)

08/01/03 Petition filed.

04/04/05 Thompson’s petition was granted. The USSC vacated Thompson’s judgment and remanded the case to the USCA.

State Circuit Court – 3.850 Motion

CC# 76-3350

08/09/04 Motion filed.

12/17/04 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-279

962 So.2d 340 (2007)

02/15/05 Appeal filed.

04/17/06 Relinquished to the Circuit Court

U.S. Court of Appeal, 11th Circuit – Habeas Appeal (On Remand)

USCA #02-10642

425 F.3d 1364

10/31/05 USCA vacated its 02/06/03 opinion and remanded to the USDC.

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus (On Remand)

USDC #01-2457

07/21/06 USDC denied petition.

U.S. Court of Appeal, 11th Circuit – Habeas Appeal

USCA #06-14660

517 F.3d 1279

08/18/06 Appeal filed.

07/15/08 Mandate entered, affirming District Court judgment

State Circuit Court – 3.850 Motion

CC# 76-3350

04/19/06 FSC# 05-279 Relinquished to Circuit Court

08/08/07 Motion filed

08/28/07 Motion denied

09/11/07 Motion for Rehearing

09/19/07 Motion for Rehearing denied

05/04/09 Evidentiary Hearing held

05/21/09 Motion denied

Florida Supreme Court – 3.851 Motion Appeal

FSC# 07-2000

3 So.3d 1237

10/22/07 Appeal filed

02/04/09 Oral Arguments held

02/27/09 Reversed and Remanded for EH in Circuit Court

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 08-7369

129 S.Ct. 1580

09/26/08 Petition filed

03/09/09 Petition denied

Florida Supreme Court – 3.203 Motion Appeal

FSC# 09-1085

41 So.3d 219

06/18/09 Appeal filed

05/06/10 FSC affirmed the decision of the lower court

05/24/10 Motion for Rehearing filed

07/09/10 Motion denied

State Circuit Court – 3.851 Motion

CC# 76-3350

11/29/10 Motion filed

02/08/11 Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 11-493

(Pending)

03/16/11 Appeal filed

Warrants:

02/05/82 Death warrant signed by Governor Bob Graham.

03/02/82 Scheduled execution date.

02/25/82 Stay of execution granted by the United States District Court, Southern District.

05/13/87 Death warrant signed by Governor Bob Graham.

07/23/87 Scheduled execution date.

07/02/87 Stay of execution granted by the Florida Supreme Court.

Clemency:

01/12/82 Clemency hearing held (denied).

Factors Contributing to the Delay in the Imposition of the Sentence:

William Thompson has been on death row since 1976. He has sought extensive relief at both the State and Federal levels. He has filed six (6) motions for relief pursuant to Criminal Rule of Appellate Procedure 3.850 and two (2) Petitions for Writ of Habeas Corpus at the State level. In 1987, Thompson’s case was remanded for resentencing based on the United States Supreme Court’s decision in Hitchcock v. Dugger. He was again sentenced to death. His Direct Appeal following resentencing took over three years to decide. Thompson was then denied relief in the State Circuit Court. Thompson’s appeal of that denial lasted for over four years, finally reaching disposition in April 2000.

Case Information:

On 07/30/96, Thompson filed a Direct Appeal in the Florida Supreme Court. At the same time, he filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court. Thompson’s 3.850 Motion was denied, after which he filed an appeal in the Florida Supreme Court on 10/29/76. The Florida Supreme Court then consolidated Thompson’s Direct Appeal and his 3.850 Appeal. In those appeals, Thompson argued that his motivation for pleading guilty was based on “a failure of communication or a misunderstanding of the facts.” On 06/23/77, in a consolidated opinion, the Florida Supreme Court reversed Thompson’s convictions and sentences, and remanded with instructions to allow Thompson to withdraw his guilty plea and proceed to trial.

On 02/27/78, Thompson filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 04/24/78.

Upon returning to the State Circuit Court, Thompson again entered a plea of guilty on all counts charged in the indictment and Thompson was again sentenced to death. On 12/11/78, Thompson filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in denying his request for additional psychiatric testing and in denying his request for a presentence investigation. Thompson also contended that the trial court erred by convening an advisory jury over his objection and then excluding jurors who opposed the death penalty. Thompson’s last contention was that the trial court ignored evidence of domination by Rocco Surace, Thompson’s accomplice. The Florida Supreme Court found no merit to Thompson’s claims and affirmed the convictions and sentence of death on 07/03/80.

Thompson then filed a 3.850 Motion in the State Circuit Court. That motion was denied and Thompson filed an appeal in the Florida Supreme Court. In that appeal, Thompson claimed that Rocco Surace “forced him to take full blame for the murder” and that his testifying at Surace’s trial as being the dominant participant in the murder of Sally Ivester was the product of coercion. As such, Thompson claimed that his death sentence was inappropriate because Surace, who he claimed was the “moving force” in the murder, was given a life sentence. On 02/11/82, The Florida Supreme Court affirmed the denial of Thompson’s 3.850 Motion.

Thompson next filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District. He concurrently filed a motion for a continuance, asserting that there were two claims not included in the petition. Thompson argued the inclusion of his claims that he involuntarily and unintelligibly entered a guilty plea and that he received ineffective assistance of counsel. Thompson’s attorney argued that these claims could not have been raised earlier because trial counsel had represented Thompson in all previous post conviction proceedings. The State opposed the Motion for Continuance as a “deliberate bypass” and an “abuse of writ.” At this point, the attorney general notified the court that the State waived exhaustion of the two unexhausted claims; however, the District Court rejected that waiver. The United States District Court then granted Thompson’s Motion for Continuance to allow Thompson to exhaust the two claims at the state level. On 02/22/82, Thompson filed an additional 3.850 Motion in the State Circuit Court. The State then filed an interlocutory appeal in the United States Court of Appeals for the Eleventh Circuit arguing the granting of the continuance and that the District Court erred “in not giving effect to the State’s waiver of exhaustion.” There was an order entered putting a stay on all proceedings at the state level pending the disposition of the Interlocutory Appeal in the United States Court of Appeals. The United States Court of Appeals affirmed the District Court’s decision to grant Thompson’s Motion for Continuance; however, the cause was remanded to the United States District Court to allow the court to consider accepting or rejecting the State’s waiver of Thompson’s two unexhausted claims as directed in the guidelines set forth by the Court of Appeals. On remand, the District Court accepted the State’s waiver and, after an evidentiary hearing, denied Thompson’s Petition for Writ of Habeas Corpus. Thompson then filed an appeal of that denial in the United States Court of Appeals for the Eleventh Circuit. In that appeal, Thompson argued that he received ineffective assistance of counsel and that the trial court limited the consideration of non-statutory evidence heard during the sentencing phase. Thompson also claimed that the court did not conduct an adequate inquiry into his competency to stand trial and that his guilty plea was coerced through death threats from his codefendant Rocco Surace. On 04/10/86, the United States Court of Appeals agreed with the District Court and affirmed the denial of Thompson’s Petition for Writ of Habeas Corpus.

Thompson next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 05/04/87.

Thompson then returned to the State level and filed a 3.850 Motion in the State Circuit Court. That motion was denied, after which Thompson filed an appeal in the Florida Supreme Court. Thompson concurrently filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 09/09/87, the Florida Supreme Court, in a consolidated opinion, remanded Thompson’s case for resentencing under the dictates of Hitchcock v. Dugger. The high court deemed Thompson’s Petition for Writ of Habeas Corpus to be moot in light of the remand granted by Thompson’s 3.850 Appeal.

The State then filed a Petition for Writ of Certiorari, which was denied on 03/21/88.

On 08/25/89, William Thompson was resentenced to death. He then filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred by admitting the prior testimony of witness Barbara Savage when she could not be located to testify at the resentencing. Thompson also argued that the trial court erred by failing to grant his motion to strike the jury panel when the jury apparently became concerned that Thompson, having served 13 years in prison already, could be released after just 12 years if given a life sentence. Thompson also claimed that the trial court erred by allowing the State to introduce Thompson’s prior inconsistent testimony given at the trial of his codefendant Rocco Surace. Lastly, Thompson contended that the trial court erred by permitting autopsy photos as evidence and in its consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court agreed with Thompson that the admission of the autopsy photos was an error, but deemed it harmless considering the testimony of Barbara Savage, the medical examiner, and other crime scene photos that were admitted into evidence. The Florida Supreme Court affirmed Thompson’s sentence of death on 06/04/92. On 04/01/93, the court denied Thompson’s Motion for Rehearing and issued a clarified opinion addressing the issue of the jury instruction given for the heinous, atrocious, and cruel (HAC) aggravating factor as dictated by the United States Supreme Court’s decision in Espinosa v. Florida [2]. Thompson argued that he was entitled to a new sentencing hearing because the HAC instruction given to his jury was defective. The Florida Supreme Court noted that, given the circumstances of this torturous murder, the application of the HAC aggravating factor was justified under any definition and beyond a reasonable doubt. The Florida Supreme Court again affirmed the sentence of death on 04/01/93.

Thompson then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on11/08/93.

Thompson next filed a 3.850 Motion in the State Circuit Court. That motion was denied, after which he filed an appeal in the Florida Supreme Court. Thompson concurrently filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. In a consolidated opinion, the Florida Supreme Court affirmed the denial of Thompson’s 3.850 Appeal and denied his Petition for Writ of Habeas Corpus on 04/13/00.

On 06/13/01, Thompson filed another Petition for Writ of Habeas Corpus in the United States District Court, which was dismissed on 12/14/01. That court then granted, in part, a motion for certificate of appealability. On 02/04/02, Thompson filed an appeal in the United States Court of Appeals in which the denial of his Habeas was affirmed on 02/06/03.

Thompson filed a 3.850 Motion in the State Circuit Court on 06/18/03. The motion was denied on 11/12/03.

Thompson filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/01/03. The petition was granted on 04/04/05. The United States Supreme Court vacated Thompson’s judgment and remanded the case to the United States Court of Appeals of the Eleventh Circuit.

On 08/09/04, Thompson filed a 3.850 Motion in the circuit court. The motion was denied on 12/17/04.

On 02/15/05, Thompson filed a 3.850 Appeal in the Florida Supreme Court. For failure to file the record on appeal in a timely manner, jurisdiction for this 3.850 appeal was temporarily relinquished to the State Circuit Court on 04/17/06 (see below).

On remand from the USSC, the U.S. Court of Appeal, 11th Circuit vacated its 02/06/03 opinion and remanded to the USDC on 10/31/05.

On remand from the USCA, the U.S. District Court, Southern District denied the petition on 07/21/06.

Thompson filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeal, 11th Circuit on 08/18/06. On 07/15/08, the court issued a Mandate affirming the judgment of the District Court.

Jurisdiction for FSC# 05-279 3.850 Motion was relinquished to the State Circuit Court on 04/19/06. Thompson filed a 3.850 Motion in the Circuit Court on 08/08/07, which was denied 08/28/07. A subsequent Motion for Rehearing was filed 09/11/07 and later denied on 09/19/07.

On 10/22/07, Thompson filed a 3.851 appeal in the Florida Supreme Court. Oral Arguments were held on 02/04/09. On 02/27/09, the Florida Supreme Court reversed the lower court’s disposition and remanded for a new Evidentiary Hearing in the Circuit Court. A new Evidentiary Hearing was held on 05/04/09. The Circuit Court issued an order denying the 3.851 Motion on 05/21/09.

On 09/26/08, Thompson filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 03/09/09.

On 06/18/09, Thompson filed a 3.203 Appeal in the Florida Supreme Court. The Florida Supreme Court affirmed the decision of the circuit court on 05/06/10. A motion for rehearing was filed on 05/24/10, and it was denied on 07/09/10.

Thompson filed a 3.851 Motion in the State Circuit Court on 11/29/10. This motion was denied on 02/08/11.

Thompson filed a 3.851 Appeal in the Florida Supreme Court on 03/16/11. This case is currently pending.

Institutional Adjustment:

DATE	DAYS	VIOLATION	LOCATION
12/09/78	30	POSS OF WEAPONS	R.M.C.- MAIN UNIT
03/26/80	10	LYING TO STAFF	FSP
03/03/85	0	POSS OF UNAUTH BEV.	FSP
04/04/86	10	POSS OF NEGOTIABLES	FSP
11/22/91	30	DISORDERLY CONDUCT	FSP

________________________________________________________________________

Written: 05/23/02 EW

Approved: 06/06/02 WS

Updated: 03/16/11 EMJ

[1] Hitchcock v. Dugger – United States Supreme Court decision allowing the presentation and consideration of non-statutory mitigating evidence during the sentencing phase of a capital case.

[2] Espinosa v. Florida – The United States Supreme Court decision that found Florida’s heinous, atrocious, and cruel (HAC) aggravating factor to be vague and invalid.