Jones was convicted of murder and sentenced to death. On appeal he argued that "a new sentencing hearing is required because the mental health experts who testified did not bring to the court's attention the fact that Jones likely suffers from fetal alcohol syndrome." 652 So. 2d at 351.

The appellate court held that this objection could not be raised on direct appeal; the trial judge did not err in failing to consider a mitigating factor that was never presented. However, the court noted that this issue could be raised in a proceeding for post-conviction relief. 652 So. 2d at 362.