Christopher Tavaris Dean v. Florida
Environmental AdministrativeLaw SocialSecurity Securities Immigration
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 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