STATE OF FLORIDA, PETITIONER,
v.
LEMUEL E. ISAAC, RESPONDENT
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We previously granted review of Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005), to resolve a certified conflict in the district courts regarding the applicability of 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), 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 determined to discharge jurisdiction in Isaac and dismiss this review proceeding.
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA and PERRY, JJ., concur.
POLSTON, J., recused.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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State v. Sirron Johnson, 122 So. 3d 856 (Fla. 2013)…the statutory maximum as defined by Apprendi and Blakely. The trial court denied the motion, and Johnson appealed. 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 d…
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Martin v. State, 107 So. 3d 281 (Fla. 2012)…re the fatal incident (calculated); that the defendant exhibited heightened premeditation (premeditated); and that the defendant had no pretense of moral or legal justification. Connor v. State, 803 So. 2d 598, 610 (Fla.2001); see Ballard v. State, 66 So. 3d 912, 918-19 (Fla.2011). “The CCP aggravator pertains specifically to the state of mind, intent, and motivation of the defendant.” Ballard, 66 So. 3d at 919 (quoting Wright v. State, 19 So. 3d 277, 298 (Fla.2009)). While “heightened premeditation” may b…
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Lowe v. State, 259 So. 3d 23 (Fla. 2018)…rong," against the mitigators, this Court vacated the death sentence while noting that it was a "close question." Id. Lowe's case involves aggravation that is more substantial and mitigation that is less weighty. We similarly find Ballard v. State , 66 So. 3d 912 (Fla. 2011), to be distinguishable. Ballard was a single aggravator case (CCP) with several statutory mitigators and numerous nonstatutory mitigators. Id. at 916 n.1. Lowe's case involves several aggravators assigned great weight. Finally, Lowe cite…
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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)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- State v. Fleming, 61 So. 3d 399 (Fla. 2011)
- Setts v. State, 4 So. 3d 677 (Fla. 2009)