SETTS

v.

STATE

Citator

Cited By

• State v. Fleming, 61 So. 3d 399 (Fla. 2011)
  …ontended that the fourth departure reason was invalid on its face because he had no convictions at level eight or higher, an issue the State conceded. Applying its prior decision in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), review granted, 4 So. 3d 677 (Fla. 2009), which held that Apprendi applies to resentencings held after Apprendi issued, the First District addressed Fleming’s claims. The district court found no error regarding the trial court’s scoring of forty points for victim injury after d…

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• Mann v. State, 112 So. 3d 1158 (Fla. 2013)
  …denial of Mann’s third post-conviction motion. Mann v. State, 868 So. 2d 524 (Fla.2004) (table). Lastly, we affirmed the denial of Mann’s fourth post-conviction motion, finding that he was not entitled to relief on any of his claims. Mann v. State, 4 So. 3d 677 (Fla.2009) (table). Mann filed the instant motion pursuant to rule 3.851 after Governor Rick Scott signed his death warrant on March 1, 2013, with execution set for April 10, 2013. He raised three claims. The circuit court summarily denied relief o…
• State v. Lemuel E. Isaac, 66 So. 3d 912 (Fla. 2011)
  …4 S.Ct. 2531, 159 L.Ed.2d 403 (2004), to re-sentencing proceedings which became final after Apprendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const.; State v. Isaac, 4 So. 3d 677 (Fla.2009) (granting review). We resolved this conflict, however, in State v. Fleming, 61 So. 3d 399 (Fla.2011), revised (Fla. Apr. 28, 2011) (granting motion for clarification in part and remanding for harmless error analysis). Accordingly, we have…