Anthony Farina and his brother Jeffery were both sentenced to death for the May 1992 murder of 17-year-old Michelle Van Ness during a robbery of a Daytona Beach Taco Bell Restaurant. Jeffery-who was the triggerman-was 16 at the time of the shooting, and his appeal from his separate death sentence is pending before the Court in another case. Anthony now argues that his brother's death sentence must be overturned because of a 1999 Supreme Court opinion saying that the Constitution forbids putting someone to death who was 16 at the time of the crime. Anthony argues that his own death sentence must be reexamined because it would be wrong to execute him when the triggerman, his brother, will receive life in prison. The State argues that the 1999 opinion is still pending on rehearing and was wrongly decided.