HERBERT LEON MANAGO, JR.
v.
STATE OF FLORIDA
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Upon remand, the trial court must either resentence the appellant without jury involvement or, upon the State's request, empanel a jury to determine facts needed for resentencing under section 775.082.
[1] When the Florida Supreme Court recedes from precedent governing sentencing procedures, cases must be remanded to the trial court to resentence the defendant either throug…
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Join FLexlaw to unlock all legal intelligenceHerbert Leon Manago, Jr. appealed his conviction in Volusia County. The case involves sentencing under Florida's sentencing statute.…
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February 16, 2024 PER CURIAM. In accordance with the Florida Supreme Court’s opinion and mandate receding in part from Williams v. State, 242 So. 3d 280 (Fla. 2018), this case is hereby remanded to the trial court which will either: (1) resentence Mr. Manago pursuant to section
775.082(1)(b)2., Florida Statutes, or (2) if requested by the State, empanel a jury to make the factual determinations needed for resentencing pursuant to section 775.082(1)(b)1.
REMANDED for further proceedings. EDWARDS, C.J., and EISNAUGLE and SOUD, 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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