IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 87-6876-Cr DIVISION: CR=C STATE OF FLORIDA vs MARK JAMES ASAY ORDER FINDING DEATH PENALTY APPROPRIATE COUNT _I As to the first count of the indictment the Couct finds that the following aggravating circumstances exist: 1. The crime for which Mark James Asay is to be sentenced was committed while he was under a sentence of imprisonment; the Defendant was on parole at the time of this murder. 2. The Defendant has previously been convicted of another capitol offense; murder in the first degree. The Court finds that the following mitigating circumstance exist: 1. The age of the Defendant at the time of the ccime wag 23. This factor does not weigh very heavily, as the Defendant has had extensive price contact with the criminal justice system. Yhe Court finds that the aggravating circumstances far outweigh the single mitigating circumstance. ACCORDINGLY, the death penalty is an appropriate sentence as to Couct I of the Indictment.count Ir As to the second count of the indictment the Court finds that the following aggravating circumstances exist: 1. The crime for which Mark James Asay is to be sentenced was committed while he was under a sentence of impcisonment; the Defendant was on parole at the time of this murder. 2. The Defendant has previously been convicted on another capitol offense; murder in the first degree. 3 The crime for which the Defendant is being sentenced was committed in a cold, calculated, and premeditated manner, without any pretense of any moral or legal justification. This is especially 80 because the Defendant committed one premeditated murder, then rode around the downtown area of Jacksonville for a period of time, during which there was a substantial period in which he could reflect on the fact that he had just taken the life of another human being. Subsequently, without the slightest remorse or hesitancy, he selected a second person of the same race and social circumstances as the first victim, and proceeded coldly and calculatedly to execute him, shooting him repeatedly to ensuce his death. The Court finds that the only mitigating circumstance that exists is the age of the Defendant at the time, 23 years. The Court cannot assign great weight to this Circumstance in light of the Defendant's extensive prior exposure to the criminal justice system and his maturity. The Court finds that the aggravating circumstances far outweigh.in quantity, and quality, the weight of the single mitigating circumstance.ACCORDINGLY, the Court finds that the death penalty is appropriate as to the Second Count of the Indictment. DONE AND ORDERED in Chambers, Jacksonville, Duval County, Florida this 18th day of November, 1988. LO Naddleock. CIRCUIT JUDGE Copies t Bernardo De La Rionda, Esquire Office of State Attorney Raymond A. David, Esquire Attorney for Defendant