TYZICK J. WALL
v.
STATE
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A juvenile defendant convicted of second-degree murder must be resentenced when the trial court failed to require jury fact-finding on whether he actually killed, intended to kill, or attempted to kill the victim.
[1] A defendant is entitled to jury fact-finding on whether they actually killed, intended to kill, or attempted to kill the victim when facing a sentence for second-degree m…
[2] A sentencing error requiring jury fact-finding is not harmless beyond a reasonable doubt if the jury's verdict did not clearly include such a finding.
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Join FLexlaw to unlock all legal intelligence“Wall was entitled to a jury fact-finding on whether he 'actually killed, intended to kill, or attempted to kill' Stephen Gorney.”
Court's explanation of the basis for reversal of the sentencing on the murder count.
Tyzick Joseph Wall, under age eighteen, was convicted of second-degree murder with a deadly weapon, robbery with a deadly weapon, and two counts of de…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TYZICK JOSEPH WALL, Appellant,
v. Case No. 5D16-3731 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 20, 2018 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Edward Juan Lynum, of Lynum & Associates, PLLC, Wildwood, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM. Tyzick Joseph Wall appeals his convictions and sentences for second-degree murder with a deadly weapon, robbery with a deadly weapon, and two counts of dealing in stolen property.1 Wall was under the age of eighteen when he committed these crimes.
We affirm his convictions without further discussion but remand for resentencing on Count
One, second-degree murder. We also remand for the trial court to amend the sentence on Count Two, robbery with a deadly weapon.
As to Wall's sentence on Count One, we reverse because Wall was entitled to a jury fact-finding on whether he "actually killed, intended to kill, or attempted to kill"
Stephen Gorney.2 See Williams v. State, 242 So. 3d 280, 288-89 (Fla. 2018) (citing
Alleyne v. United States, 570 U.S. 99, 115 (2013)). We find that this error was not harmless beyond a reasonable doubt. See id. at 289-90. Because second-degree murder with a deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087(1)(a) and 782.04(2), Florida Statutes (2015), Wall should have been sentenced under section 775.082(3)(b)2., Florida Statutes (2015). Williams specifies resentencing as though there had been a jury finding that Wall did not kill, intend to kill,
or attempt to kill Gorney, rather than empanelment of a jury, as the remedy for this error.
242 So. 3d at 292-93. We, therefore, remand for resentencing on Count One pursuant to section 775.082(3)(b)2.b. See Williams, 242 So. 3d at 288-93. The trial court shall indicate in the sentencing document that Wall is eligible for sentence review on this count after fifteen years under section 921.1402(2)(c), Florida Statutes (2015). §
775.082(3)(b)2.b., c., Fla. Stat. (2015).
weapon (Count Two), and two counts of dealing in stolen property (Counts Three and Four).
We also remand for the trial court to amend the sentence on Count Two, robbery with a deadly weapon, to reflect eligibility for sentence review after twenty years under section 921.1402(2)(d), Florida Statutes (2015). § 775.083(3)(c), Fla. Stat. (2015). In all other respects, we affirm.
AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.
ORFINGER, BERGER and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Rodrick D. Williams v. State, 242 So. 3d 280 (Fla. 2018)