No. 22-5893

Christopher Tavaris Dean v. Florida

Lower Court: Florida
Docketed: 2022-10-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: apprendi-exception apprendi-v-new-jersey criminal-procedure criminal-sentencing jury-clause prior-record-exception prison-releasee-reoffender sentencing-enhancement sixth-amendment state-prison
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether a sentencing court violates the Sixth Amendment's Jury Clause when it rather than the jury finds that the defendant committed the offense within three years of his release from a state prison and on that basis imposes the enhanced sentence?

Question Presented (OCR Extract)

QUESTION PRESENTED Florida enhances the sentences for certain offenses—making the statutory maximum sentence also the statutory minimum sentence—if the defendant is a “Prison Releasee Reoffender,” that is, if the defendant commits the offense while serving a sentence in a state prison (or similar facility) or within three years of release from a state prison (or similar facility). Florida juries don’t decide whether defendants are Prison Releasee Reoffenders: judges do. Florida courts say this falls under the prior-record exception to Apprendi v. New Jersey, 530 U.S. 466 (2000). The question presented is: Whether a sentencing court violates the Sixth Amendment’s Jury Clause when it rather than the jury finds that the defendant committed the offense within three years of his release from a state prison and on that basis imposes the enhanced sentence? i

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-11-01
Waiver of right of respondent Florida to respond filed.
2022-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)

Attorneys

Christopher Tavaris Dean
Paul Edward PetilloOffice of the Public Defender, Petitioner
Paul Edward PetilloOffice of the Public Defender, Petitioner
Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent