No. 19-5913

Sammie Lee Smith, IV v. Florida

Lower Court: Florida
Docketed: 2019-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), together with the underlying substantive offense, constitute a new aggravated crime, the elements of which must be charged in the information, submitted to a jury, and proved beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the facts triggering a mandatory minimum sentence under Florida’s Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), together with the underlying substantive offense, constitute a new aggravated crime, the elements of which must be charged in the information, submitted to a jury, and proved beyond a reasonable doubt? ii

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Waiver of right of respondent Florida to respond filed.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Sammie Lee Smith, IV
Robert David MaloveThe Law Offices of Robert David Malove, PA, Petitioner