Hunter was sentenced to death for murder. The sentence was handed down by the trial judge, after the jury voted 9 to 3 in favor of the death penalty.

The trial judge found that a number of aggravating and mitigating circumstances were present. The judge specifically listed FAS as a mitigating circumstance. but the judge concluded that the existence of that mitigating factor (as well as others) was not sufficient to overcome the aggravating factors in the case. 660 So. 2d at 247.