No. 20-6198

Agustin Chavez v. Florida

Lower Court: Florida
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure due-process identity identity-verification post-conviction-information postconviction-information prior-record-exception sentencing sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether courts have incorrectly applied a 'prior-record' exception to Apprendi-Alleyne rule

Question Presented (OCR Extract)

question presented is “no” and there is some form of a “prior record” exception to the Sixth Amendment, whether courts have improperly been applying that exception to the issues of identity (whether the prior records are those of the defendant currently before the court) and postconviction information such as the date the person from the prior records was released from prison following their conviction? i

Docket Entries

2020-12-07
Petition DENIED.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-12
Waiver of right of respondent State of Florida to respond filed.
2020-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

Agustin Chavez
Logan Tanner MohsOffice of the Public Defender, Florida 15th Judicial Circuit, Petitioner
State of Florida
Celia A. Terenzio — Respondent