Whether the natural life sentences imposed on robbery firearm counts were illegal due to lack of presentence investigation, sentencing hearing, and allocution rights

QUESTION PRESENTED FOR REVIEW I. WHETHER THE NATURAL LIFE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3 WERE ILLEGAL WHERE THE TRIAL COURT NEITHER ORDERED A MANDATORY PRESENTENCE INVESTIGATION REPORT, CONDUCTED A SENTENCING HEARING, OR PERMITTED PETITIONER TO ALLOCUTE? Il. | WHETHER THE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3 WERE BASED UPON UNLAWFUL APPLICATION OF FLORIDA STATUTES SECTION 775.087? Tl. WHETHER THE NATURAL LIFE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3, AS SECONDARY OFFENSES, WERE ILLEGAL SENTENCES IMPOSED, BECAUSE THEY EXCEEDED THE SENTENCE IMPOSED FOR THE PRIMARY OFFENSE, CAPITAL MURDER, FOR WHICH A SENTENCE OF LIFE WITH A 25 YEAR MINIMUM MANDATORY WAS IMPOSED, SUCH THAT THE ROBBERY COUNTS WERE LIMITED TO THE STATUTORY MAXIMUM OF 30 YEARS? ITV. WHETHER WILLIAM NEWKIRK’S RIGHTS UNDER ARTICLE 1, SECTION 9 OF THE FLORIDA CONSTITUTION AND THE 5TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION, SECTION 921.231(1) (1980), RULE 3.720(B), FLA.R.CRIM.P. (1980) WERE VIOLATED RESULTING IN THE IMPOSITION OF UNLAWFUL NATURAL LIFE SENTENCES IN VIOLATION OF HIS RIGHTS TO DUE PROCESS OF LAW AND A FAIR TRIAL? I. INTERESTED PARTIES Counsel for the Petitioner, William Newkirk, certifies that the following persons and entities have or may have an interest in the outcome of this case: 1. Honorable Burton C. Conner, Judge, Fourth District Court of Appeal — State of Florida py) Bernard Daley, Esq. Defense Counsel i 3. Honorable Hunter Davis, Circuit Judge, 17th Judicial Circuit in and for Broward County, FL 4. Scott T. Eber, Esq., Defense Counsel 5. Honorable Arthur Franza, Circuit Judge, 17th Judicial Circuit in and for Broward County, FL 6. Honorable Jeffery T. Kuntz, Judge, Fourth District Court of Appeal — State of Florida he Ashley Moore, Attorney General — State of Florida 8. William Newkirk, 9. Office of the Attorney General — State of Florida 10. Office of the State Attorney, 17 Judicial Circuit in and for Broward County, FL 11. Harold F. Pryor, State Attorney — 17th Judicial Circuit in and for Broward County, FL 12. Richard L. Rosenbaum, Esq., Post Conviction and Appellate Counsel 13. Honorable Michael Rothschild, Circuit Judge, 17th Judicial Circuit in and for Broward County, FL 14. Joel Silvershein, Assistant State Attorney, 17th Judicial Circuit in and for Broward County, FL ii 15. Honorable Martha Warner, Judge, Fourth District Court of Appeal — State of Florida 16. Barry Witlin, Esq., Defense Counsel 17. Honorable Howard Zeidwig, Circuit Judge, 17th Judicial Circuit in and for Broward County, FL 18. Counsel certifies that no publicly traded company or corporation has an interest in the outcome of this case or appeal. iii