JOSE A. GONZALEZ
v.
STATE OF FLORIDA
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A circuit judge, not a jury, may determine the statutory sentencing factors for a juvenile homicide offender, and a life sentence is permissible where the trial court finds an 'uncommon circumstance' justifying it.
[1] A jury is not required to pass on the sentencing factors for a juvenile offender when a judge imposes a life sentence.
[2] A life sentence may be an appropriate sentence for a homicide offense committed by a juvenile in uncommon circumstances.
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Join FLexlaw to unlock all legal intelligenceJose A. Gonzalez committed first-degree murder by stabbing a stranger when he was 16 years, 10 months old. His original life sentence was vacated unde…
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August 24, 2018 PER CURIAM.
Jose A. Gonzalez was 16 years, 10 months old when he committed first degree murder by stabbing a stranger twelve times. Following a jury trial, he was sentenced to life pursuant to the sentencing scheme later invalidated in the wake of Miller v. Alabama, 567 U.S. 460 (2012). Gonzalez’ sentence was thus vacated, and the cause remanded for resentencing. Gonzalez v. State, 177 So. 3d 1266 (Fla. 2015). Following an evidentiary hearing, he again was sentenced to life with the opportunity for early release with a review hearing to be held in accordance with sections 775.082(1)(b)1. and 921.1402(2)(a), Florida Statutes (2016). Gonzalez now challenges that sentence.
2
We reject Gonzalez’ argument that a jury, rather than a circuit judge, must pass on the factors set forth in section 921.1401(2). See Copeland v. State, 240 So. 3d 58 (Fla. 1st DCA 2018); Beckman v. State, 230 So. 3d 77 (Fla. 3d DCA 2017). As for the decision of the trial court to impose a life sentence, we find no error in the conclusion that the case at bar presents the “uncommon circumstance” where life imprisonment constitutes an appropriate sentence for a homicide offense committed by a juvenile. Copeland, 240 So. 3d at 59. Prior to resentencing, the trial court received evidence and substantial argument regarding the sentencing considerations set forth in section 921.1401(2)(a)- (j). The trial court issued a detailed sentencing order analyzing the statutory factors. No error has been shown.
AFFIRMED.
WOLF, BILBREY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Gonzalez v. State, 252 So. 3d 1282 (Fla. 1st DCA 2018)…wing a jury trial, he was sentenced to life pursuant to the sentencing scheme later invalidated in the wake of Miller v. Alabama, 567 U.S. 460 (2012). Gonzalez’ sentence was thus vacated, and the cause remanded for resentencing. Gonzalez v. State, 177 So. 3d 1266 (Fla. 2015). Following an evidentiary hearing, he again was sentenced to life with the opportunity for early release with a review hearing to be held in accordance with sections 775.082(1)(b)1. and 921.1402(2)(a), Florida Statutes (2016). Gonzalez…
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Kimothy Mark Simmons v. State, 267 So. 3d 1067 (Fla. 1st DCA 2019)
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Grimsley v. Jones, 213 So. 3d 353 (Fla. 2016)…JJ., concur. . We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. . Grimsley v. Jones, No. SC16-452, 2016 WL 1412188 (Fla. Apr. 11, 2016) (habeas petition dismissed pursuant to Baker v. State, 878 So. 2d 1236 (Fla.2004)); Grimsley v. Jones, 177 So. 3d 1266 (Fla.2015) (table) (Case No. SC15-1059) (habeas petition dismissed pursuant to Pettway v. State, 776 So. 2d 930, 931 (Fla.2000)); Grimsley v. Jones, 168 So. 3d 225 (Fla.2015) (table) (Case No. SC15-371) (habeas petition dismissed pursuant to Baker v…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Beckman v. State, 230 So. 3d 77 (Fla. 3d DCA 2017)
- Dontavious Lamar Copeland v. State, 240 So. 3d 58 (Fla. 1st DCA 2018)
- Gonzalez v. State, 252 So. 3d 1282 (Fla. 1st DCA 2018)