MAYNOR E. MONNAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the record was insufficient to conduct a harmless error analysis, requiring a remand for the trial court to reexamine the appellant's claim.
The Florida Supreme Court quashed a prior decision of this court and remanded for a harmless error analysis. This court previously held that Apprendi …
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PER CURIAM.
The Florida Supreme Court, in State v. Monnar, 976 So. 2d 581 (Fla.2008), quashed the decision of this court reported at 989 So. 2d 251 (Fla. 1st DCA 2006), and remanded the case to this court for a “thorough review of the record” and application of a harmless error analysis based upon its decision in Galindez v. State, 955 So. 2d 517 (Fla.2007).
The supreme court’s decision did not, however, supersede or disapprove of our decision in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), which held that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), although decided after Isaac’s conviction and original sentence were final, apply to any resentencing that took place after Appren-di came down, even resentencings taking place before Blakely was decided. On this point, Isaac still controls, not as law of the case, but as governing precedent within the First District.
In Monnar, the supreme court noted that it could not conduct a harmless error analysis because the record failed to contain enough information or record attachments for a review. Similarly, this court does not possess a sufficient record to allow such an analysis. Consequently, we reverse the order under review and remand for the trial court to reexamine the appellant’s claim in light of Galindez. Should the trial court again deny the claim, it shall attach record portions establishing that no reasonable jury could have returned a verdict finding that the appellant did not inflict severe injury upon the victim. See Galindez, 955 So. 2d at 523.
REVERSED and REMANDED with directions.
WEBSTER, BENTON, and VAN NORTWICK, JJ., concur.
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State v. Sirron Johnson, 122 So. 3d 856 (Fla. 2013)…. On review, the First District relied on its prior decisions in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), review dismissed, 66 So. 3d 912 (2011), cert. denied, — U.S. -, 132 S.Ct. 1539, 182 [*858] L.Ed.2d 161 (2012), and Monnar v. State, 984 So. 2d 619 (Fla. 1st DCA 2008), to hold that Blakely applied to Johnson’s pre-Blakely resentencing. Johnson, 18 So. 3d at 624-25. In Isaac, the district court reasoned that Blakely merely “clarified” Apprendi; thus, Blakely applied to Isaac’s de novo, pre-Blak…
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Sirron J. Johnson v. State, 18 So. 3d 623 (Fla. 1st DCA 2009)…, this Court held that although Apprendi does not apply retroactively, Ap-prendi and Blakely apply to a defendant who is resentenced after Apprendi became final but before Blakely was decided. This holding was recently reaffirmed in Monnar v. State, 984 So. 2d 619 (Fla. 1st DCA 2008). In that case, this Court noted that the supreme court held in Galindez v. State, 955 So. 2d 517 (Fla.2007), that a harmless error analysis applies to any Apprendi/Blakely error. This Court went on to hold: The supreme court’s d…1 / 2
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McNEIL v. Stoker, 13 So. 3d 1086 (Fla. 1st DCA 2009)…PER CURIAM. AFFIRMED. Burks v. McNeil, 984 So. 2d 619 (Fla. 1st DCA 2008). WOLF, KAHN, and VAN NORTWICK, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- State v. Maynor Efren Monnar, 976 So. 2d 581 (Fla. 2008)