ANGEL COLON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the appellant's sentence and certified a question of great public importance to the Florida Supreme Court regarding jury findings for juvenile offenders.
Appellant, convicted of first-degree murder as a juvenile, received a fifty-year sentence with a review hearing. This followed a prior life sentence t…
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In this Anders1 appeal, Appellant, who was convicted in 1997 of the crime of first-degree murder committed when he was a juvenile, challenges his present sentence of fifty years in prison with a review hearing under the new juvenile sentencing statutes 2 to take place after twenty-five years.3
We affirm on all issues raised by Appellant. However, consistent with our recent opinion in Williams v. State, 724 So.2d 724 (Fla. 5th DCA 2017), we certify the following question to the Florida Supreme Court as one of great public importance:
DOES ALLEYNE v. UNITED STATES, — U.S. —, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) , REQUIRE THE JURY AND NOT THE TRIAL COURT TO MAKE FACTUAL FINDINGS UNDER SECTION 775.082(l)(b), FLORIDA STATUTES (2016), AS TO WHETHER A JUVENILE OFFENDER ACTUALLY KILLED, INTENDED TO KILL, OR ATTEMPTED TO KILL THE VICTIM?
AFFIRMED; QUESTION CERTIFIED.
EVANDER and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, Concur.
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Cited By (16 total)
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Keita Jermaine Gaymon v. State, 288 So. 3d 1087 (Fla. 2020)
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State v. Manago, 375 So. 3d 190 (Fla. 2023)
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Porter v. Dep't OF Child. & Families, 718 So. 2d 382 (Fla. 5th DCA 1998)
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Falcon v. State, 162 So. 3d 954 (Fla. 2015)
- Williams v. State, 724 So. 2d 724 (Fla. 5th DCA 1999)
- Vaughn Walker v. State, 724 So. 2d 724 (Fla. 5th DCA 1999)