The defendant was convicted of murder and sentenced to death. On appeal he argued that the sentencing judge should have recognized as a mitigating consideration the fact that, because of FAS, Nelson lacked the capacity to appreciate the criminality of his acts.

In rejecting that contention, the appellate court noted that "there was no documentation that Nelson actually suffered from fetal alcohol syndrome." 850 So. 2d at 531.

[This may be a case in which there was insufficient evidence to support an FAS-based mitigation argument.]