the argument next in case-- >> may it please the court, under florida law, timothy hearst will go to his death, despite the fact that a judge, not a jury made the factual finding that rendered him eligible for death. the sixthtes amendment alone. what authorizes imposition of the death penalty is a finding of fact by the court of an aggravating factor, a finding that the trial judge makes independently and "notwith standing the jury's recommendation as to sentence." the state contends that capital sentencing juries make implicit findings that satisfied the sixth amendment, which the trial judge simply ratifies. that is wrong. whatever the jury's recommendation might imply about the specified aggravating factors, the florida supreme court has repeatedly rejected that it is anything other than advisory. florida law and trust -- entrusts the factual findings to the judge alone, who may do so on the basis of evidence that the jury never heard, and activators that the jury was never presented with. >> is there ever a case in which the jury found activators -- aggravators and the judge rev

." >> the ruling surrounded the case of timothy lee hearst, convicted of murdering his boss in 1998, but the ruling could affect all 390 death row inmates in the state of florida. 85 of them from cases here in central florida. it could also affect another death penalty case that has not even started. jury selection in luis toledo's murder trial is set to begin one week from today. he's accused of murdering his wife and her two young children this deltona. the state attorney told news 6 this afternoon they're reviewing and analyzing the decision today but didn't know how it would affect their case. >> now, sidebar note here, we found out today that florida is one of only three states in the entire country where juries don't have to have a unanimous verdict on the death sentence. we don't know if that law is going to change. lawmakers are likely not going to be taking that decision very lightly. we're live at the orange county courthouse tonight, eric sandoval, news 6. >> and probably won't make that decision very quickly, either. eric sandoval live for us. thank you. right now, police