PER CURIAM.

Paul Christopher Hildwin was convicted and sentenced to death in 1986 for the murder of Vronzettie Cox. This Court affirmed Hildwin's conviction and sentence of death on direct appeal. Hildwin v. State (Hildwin I), 531 So.2d 124, 129 (Fla. 1988). Hildwin was subsequently granted a new penalty-phase trial on the basis that his trial counsel rendered ineffective assistance for failing to adequately investigate, prepare, and present mitigating evidence. Hildwin v. Dugger (Hildwin II), 654 So.2d 107, 110-11 (Fla.1995). After the new penalty-phase proceeding was held in 1996, Hildwin was again sentenced to death, and this Court affirmed his sentence on direct appeal. Hildwin v. State (Hildwin III), 727 So.2d 193, 198 (Fla. 1998). Hildwin then filed a motion for postconviction relief attacking his death sentence under Florida Rule of Criminal Procedure 3.850, which was denied by the trial court after an evidentiary hearing.

This appeal follows from the denial of postconviction relief alleging ineffective assistance of counsel in the second penalty-phase proceeding.1 For the reasons explained in this opinion, we affirm the trial court's denial of Hildwin's motion for postconviction relief.

FACTS AND PROCEDURAL HISTORY

The following facts were set forth in this Court's 1988 decision on direct appeal from the conviction and sentence:

Hildwin I, 531 So.2d at 125-26. Hildwin was convicted of first-degree murder. During the penalty phase, Hildwin did not present any mental health expert testimony, but did present lay witness testimony that "was quite limited." Hildwin II, 654 So.2d at 110 n. 7. The testimony "revealed that Hildwin's mother died before he was three, that his father abandoned him on several occasions, that Hildwin had a substance abuse problem, and that Hildwin was a pleasant child and is a nice person." Id. Following the penalty phase, the jury unanimously recommended death. The trial court followed the jury's recommendation, finding four aggravators and no mitigation. This Court affirmed Hildwin's conviction and sentence on direct appeal. Hildwin I, 531 So.2d at 129.

Hildwin then filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and a habeas petition. See Hildwin II, 654 So.2d at 108. Among other things, Hildwin asserted that his counsel was ineffective for failing to investigate and present mitigating evidence. Id. at 109. An evidentiary hearing was held in which Hildwin put on testimony from experts and lay witnesses to show that counsel's investigation and presentation of evidence was deficient and constituted ineffective assistance of counsel. This Court agreed, noting that Hildwin had "presented an abundance of mitigating evidence which his trial counsel could have presented at sentencing," including two mental health experts that the trial court found "most persuasive and convincing," as well as "substantial lay testimony." Id. at 110 & n. 8. This Court vacated Hildwin's sentence of death and remanded for a new penalty-phase trial. Id. at 111.

The new penalty-phase trial was held in 1996. At the trial, Hildwin presented two mental health experts, Drs. Maher and Berland, who testified that Hildwin had a brain injury or impairment and was mentally ill. Lay witnesses also testified that Hildwin had a horrible childhood, which included physical and mental abuse inflicted by his father, suicide attempts, and abandonment and neglect.

After the new penalty-phase trial, the jury voted to recommend the death sentence by a vote of eight to four, and the trial court sentenced Hildwin to death. In its resentencing order, the trial court found four aggravators: (1) Hildwin was under a sentence of imprisonment at the time of the murder; (2) he had previously been convicted of prior violent felonies; (3) the murder was committed for pecuniary gain; and (4) the murder was especially heinous, atrocious, or cruel (HAC). Hildwin III, 727 So.2d at 194.

In contrast to the first penalty phase in which no mitigation was found, the trial court found two statutory mitigators, both of which it assigned "some weight": (1) Hildwin was under the influence of an extreme mental or emotional disturbance at the time of the murder; and (2) his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. Id. Finally, the trial court found five nonstatutory mitigators, all of which it also assigned "some weight": (1) Hildwin had a history of childhood abuse, including sexual abuse by his father; (2) he had a history of drug or substance abuse; (3) he had organic brain damage; (4) he had the ability to do well in a structured environment like prison; and (5) his type of mental illness was readily treatable in a prison setting. Id.

In reviewing proportionality, this Court explained the trial court's evaluation of the mitigation:

Id. at 197-98. This Court affirmed the sentence on direct appeal. Id. at 198.

Hildwin filed a postconviction motion attacking the performance of his counsel in the second penalty-phase proceeding. The trial court granted an evidentiary hearing on the following two claims raised in the motion: (1) ineffective assistance of penalty-phase counsel for failing to investigate, prepare, and present mitigating evidence; and (2) ineffective assistance of penalty-phase counsel in failing to object to improper remarks made by the prosecutor in closing argument.2 At the evidentiary hearing, the following witnesses testified: Dr. Richard S. Greenbaum (an expert on posttraumatic stress disorder); Dr. Robert M. Berland (one of the mental health experts who testified at resentencing); William Hallman (resentencing co-counsel); and Richard Howard (resentencing lead counsel).3

ANALYSIS

Hildwin raises two issues for this Court's review: (1) ineffective assistance of penalty-phase counsel for failing to investigate, prepare, and present mitigating evidence, and (2) ineffective assistance of penalty-phase counsel in failing to object to improper remarks made by the prosecutor in closing argument.4

Following the United States Supreme Court's decision in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), this Court has held that for ineffective assistance of counsel claims to be successful, two requirements must be satisfied:

Schoenwetter v. State, 46 So.3d 535, 546 (Fla.2010) (quoting Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986)).

To establish the deficiency prong under Strickland, the defendant must prove that counsel's performance was unreasonable under "prevailing professional norms." Morris v. State, 931 So.2d 821, 828 (Fla.2006) (quoting Strickland, 466 U.S. at 688, 104 S.Ct. 2052). "A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time." Strickland, 466 U.S. at 689, 104 S.Ct. 2052. The defendant carries the burden to "overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Id. (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 158, 100 L.Ed. 83 (1955)). "Judicial scrutiny of counsel's performance must be highly deferential." Id. In Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000), this Court held that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct."

"Penalty phase prejudice under the Strickland standard is measured by whether the error of trial counsel undermines this Court's confidence in the sentence of death when viewed in the context of the penalty phase evidence and the mitigators and aggravators found by the trial court." Stewart v. State, 37 So.3d 243, 253 (Fla.2010) (quoting Hurst v. State, 18 So.3d 975, 1013 (Fla.2009)). That standard does not "require a defendant to show `that counsel's deficient conduct more likely than not altered the outcome' of his penalty proceeding, but rather that he establish `a probability sufficient to undermine confidence in [that] outcome.'" Porter v. McCollum, ___ U.S. ___, 130 S.Ct. 447, 455-56, 175 L.Ed.2d 398 (2009) (alteration in original) (quoting Strickland, 466 U.S. at 693-94, 104 S.Ct. 2052). "To assess that probability, [the Court] consider[s] `the totality of the available mitigation evidence ...' and `reweigh[s] it against the evidence in aggravation.'" Id. at 453-54 (quoting Williams v. Taylor, 529 U.S. 362, 397-98, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000)).

As to the application of the Strickland standard in a case involving the presentation of mitigating evidence, the United States Supreme Court has explained:

Sears v. Upton, ___ U.S. ___, 130 S.Ct. 3259, 3266, 177 L.Ed.2d 1025 (2010).

Both prongs of the Strickland test present mixed questions of law and fact. Sochor v. State, 883 So.2d 766, 771-72 (Fla.2004). "In reviewing a trial court's ruling after an evidentiary hearing on an ineffective assistance of counsel claim, this Court defers to the factual findings of the trial court to the extent that they are supported by competent, substantial evidence, but reviews de novo the application of the law to those facts." Mungin v. State, 932 So.2d 986, 998 (Fla.2006).

I. Mitigating Evidence Claim

In this claim, Hildwin asserts that defense counsel was ineffective in various respects with regard to the investigation and presentation of mental health mitigation during Hildwin's 1996 resentencing proceeding. Hildwin's primary claims are that defense counsel were deficient for failing to call Dr. Carbonell, a clinical psychologist, as an expert witness and for failing to provide Dr. Berland with institutional records and sufficient information to contact certain lay witnesses.5 His argument is that there must have been ineffective assistance of counsel because in granting a new penalty phase this Court quoted the trial court's statement that the expert mental health testimony was "most persuasive and convincing"; however, on resentencing, the trial court found fault with the mental health mitigation presentation, as outlined in the trial court's sentencing order.

We begin our analysis of this claim by noting that this is Hildwin's second penalty phase. Thus, Hildwin's claim "must be analyzed in light of the fact that this was a resentencing and that his counsel, in preparing for the second penalty phase, had the advantage of analyzing the first penalty phase, which resulted in a sentence of death." Derrick v. State, 983 So.2d 443, 458 (Fla.2008). At the first penalty phase, defense counsel did not present any mental health mitigation and very little in the way of mitigation by lay witnesses. The jury unanimously recommended death. In contrast, at resentencing, two mental health experts testified, both of whom diagnosed Hildwin with brain damage and mental illness. Further, testimony was presented as to the horrific conditions of Hildwin's childhood and the abuse inflicted by his father. The jury recommended death by a vote of eight to four.

Hildwin first contends that defense counsel were ineffective for failing to present Dr. Carbonell as an expert witness in the 1996 penalty phase. Dr. Carbonell testified at the 1992 evidentiary hearing on Hildwin's initial postconviction motion from his first penalty phase, and her testimony was part of the basis on which this Court granted Hildwin the new penalty-phase proceeding. In support of this claim, Hildwin points out that in reversing for a new penalty phase, this Court noted that the trial court had found the testimony of the mental health experts offered at the 1992 evidentiary hearing—Drs. Maher and Carbonell—"most persuasive and convincing." Hildwin II, 654 So.2d at 109 n. 8. In contrast, after the new penalty phase, the trial court found that the opinions of the experts—Drs. Maher and Berland—would be "based on extrapolation, speculation, and conjecture" regarding Hildwin's state of mind at the time of the murder. Thus, Hildwin argues, defense counsel were ineffective for failing to present an expert that was previously found to be "most persuasive and convincing," contending that counsel's ineffectiveness is demonstrated by the markedly different conclusion reached after the new penalty phase in which Dr. Carbonell did not testify.

"[T]he defendant bears the burden of proving that counsel's representation was unreasonable under prevailing professional standards and was not a matter of sound trial strategy." Asay v. State, 769 So.2d 974, 984 (Fla.2000). Hildwin has not met that burden in this case. Hildwin's defense counsel testified at the evidentiary hearing that Dr. Carbonell would have been an unwilling and hostile witness at the 1996 penalty-phase proceeding if she were called to testify. As stated by the trial court in its order on this claim: "Clearly, defense counsel cannot be admonished for the strategic decision not to call an expert witness who openly admits that they would not be helpful to the defense." We conclude that the decision not to call Dr. Carbonell to testify at the 1996 penalty-phase proceeding was a matter of sound trial strategy.6

Hildwin argues that, in the alternative to presenting Dr. Carbonell as an expert witness, defense counsel was ineffective for failing to provide Dr. Berland with institutional records already in the court file—on which Dr. Carbonell based her expert testimony at the 1992 evidentiary hearing—as well as sufficient information to contact certain lay witnesses who knew Hildwin around the time of the murder. From a review of Dr. Berland's testimony at the new penalty-phase proceeding, it appears that Dr. Berland was not given the institutional records or provided sufficient information as to the witnesses. He testified at the proceeding that he did not rely on any records or institutional records that predated the murder; he "had the opportunity to look at some prison records after his incarceration, but nothing before." Further, he stated at resentencing that he had "tried very hard" to contact witnesses who knew Hildwin after 1979 (the murder took place in 1985), but "was unsuccessful in doing so." At the evidentiary hearing on this claim, Dr. Berland testified that he had asked for information in order to contact the lay witnesses, but was told that they were unavailable. Defense counsel did not give an explanation at the evidentiary hearing for why Dr. Berland was not provided with the records or the means to contact the witnesses.

The State points to Dr. Berland's testimony at the evidentiary hearing that he has since reviewed the institutional records and interviewed the lay witnesses and that his opinions and conclusions remain unchanged from his 1996 testimony. However, Hildwin is not arguing that Dr. Berland's testimony would have been different, but rather that the jury and the trial court would have accorded more weight to the testimony. On cross-examination, the State was able to highlight Dr. Berland's failure to review the records or speak with lay witnesses who knew Hildwin at the time of the murder. Hildwin also points to the trial court's resentencing order, in which the court stated that the expert testimony had "the problem of not having talked to sufficient people who knew the defendant around the time of the crime," specifically that "Dr. Berland testified that he talked to no one who knew the defendant after 1979, and thus didn't talk to any people who had been around the defendant close to the time of the murder."

We first note that Hildwin has not demonstrated that the witnesses were available to be contacted in 1996. In fact, the State moved to have the prior testimony of one of the witnesses read into the record because neither the State nor defense counsel had been able to find her. Further, none of the witnesses testified at the evidentiary hearing on this claim. Lastly, when Dr. Berland was finally able to interview the witnesses, he did not ask them whether they were available in 1996. If the witnesses were unavailable in 1996, defense counsel cannot be ineffective for failing to provide Dr. Berland with the means to contact them.

Assuming that defense counsel were deficient in not providing Dr. Berland with the institutional records and assuming that more weight would have been given to the mental health mitigation, Hildwin has still failed to demonstrate prejudice. Based on a review of the evidentiary hearings and the new penalty-phase trial, we conclude that in light of the aggravators and mitigators, Hildwin has not demonstrated that confidence in the outcome of the penalty-phase proceeding has been undermined. Porter, 130 S.Ct. at 455-56.7 Even with more weight given to the mitigation, there remain four aggravators: prior violent felony, murder committed while under a sentence of imprisonment, HAC, and pecuniary gain. The HAC and prior violent felony aggravators have been described as especially weighty or serious aggravators set out in the sentencing scheme. Frances v. State, 970 So.2d 806, 817 (Fla.2007) (describing prior violent felony aggravator as "especially weighty" (citing Ferrell v. State, 680 So.2d 390, 391 (Fla.1996))); Buzia v. State, 926 So.2d 1203, 1216 (Fla.2006) (describing HAC as one of the "most serious aggravators set out in the statutory sentencing scheme" (quoting Larkins v. State, 739 So.2d 90, 95 (Fla.1999))). Further, the trial court found in its resentencing order that the mitigators were "greatly outweighed" by the aggravators, noting in particular the "senselessness," "needlessness," "heartlessness," and "callousness" of the murder:

(Emphasis added.) Accordingly, we conclude that Hildwin has not demonstrated prejudice, and therefore his claim of ineffective assistance of counsel must fail.

II. Closing Argument Claim

Hildwin next contends that defense counsel Richard Howard was ineffective for failing to object to the following statements made by the State during closing argument:

(Emphasis added.) Specifically, Hildwin asserts that the statements were an improper eye-for-an-eye argument, analogous to a mercy argument, and an improper appeal to the sympathies of the jurors. At the evidentiary hearing on this claim, counsel testified that he made a strategic decision not to object to these comments.8

In order to prevail on an ineffective assistance of counsel claim on this ground, Hildwin "must first show that the comments were improper or objectionable and that there was no tactical reason for failing to object." Stephens v. State, 975 So.2d 405, 420 (Fla.2007). Second, he must demonstrate prejudice.

"Closing argument is an opportunity for counsel to review the evidence and to explicate those inferences which may reasonably be drawn from the evidence." Merck v. State, 975 So.2d 1054, 1061 (Fla.2007). However, prosecutorial arguments that "unnecessar[ily] appeal to the sympathies of the jurors" are improper. Nowell v. State, 998 So.2d 597, 607 (Fla.2008). An example of an improper argument that unnecessarily appeals to the sympathies of the jurors is the "mercy" argument, in which a prosecutor argues that the jury should show the defendant the same mercy that the defendant showed the victim. See id. "This Court has consistently held that it is improper during closing argument for the prosecutor to encourage the jury to show a defendant the same amount of mercy as he showed his victim because such argument tends to unnecessarily appeal to the sympathies of the jury." Conahan v. State, 844 So.2d 629, 640-41 (Fla.2003).

Even assuming that the argument was improper, we conclude that Hildwin has failed to demonstrate prejudice. This Court has previously stated that "a mercy argument standing alone does not constitute reversible error." Merck, 975 So.2d at 1062 (citing Reed v. State, 875 So.2d 415, 438 (Fla.2004)). In that case, this Court concluded that no relief was warranted where "the mercy comments were not dwelled upon or emphasized in the context of the entire closing." Id. Here, while the prosecutor at length described the choices that Hildwin had made in his life, the arguably improper comments— that by choosing death for the victim, Hildwin chose death for himself—are relatively brief and not emphasized by the prosecutor. Accordingly, we conclude that Hildwin has not demonstrated prejudice on this claim and thus his claim of ineffective assistance of counsel must fail.

CONCLUSION

For the foregoing reasons, we affirm the trial court's denial of Hildwin's motion for postconviction relief.

It is so ordered.

CANADY, C.J., and PARIENTE, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

LEWIS, J., concurs in result.