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  #1  
Old 07-27-2016, 07:39 PM
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Default Sentence enhancers in Florida

My husband is in prison for manslaughter culpable negligence, the max on that sentence in Florida is 15yrs. They used two sentence enhancers on him, habitual felony offender that doubled his sentence from 15 years to thirty years and the prison releasee reoffender that made it day for day. I know the prr is mandatory being that he had just got out of prison less than the 3 yrs and the hfo is at the judges discretion. But isn't unconstitutional and a fundamental sentencing error that they used both?
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Old 07-27-2016, 07:43 PM
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Originally Posted by Bishopjulia View Post
My husband is in prison for manslaughter culpable negligence, the max on that sentence in Florida is 15yrs. They used two sentence enhancers on him, habitual felony offender that doubled his sentence from 15 years to thirty years and the prison releasee reoffender that made it day for day. I know the prr is mandatory being that he had just got out of prison less than the 3 yrs and the hfo is at the judges discretion. But isn't unconstitutional and a fundamental sentencing error that they used both?
What clause or amendment do you feel his sentencing violates?
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Old 07-27-2016, 07:45 PM
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For what the attorney says it's an illegal stacking of the sentence because you have to use one or the other. I just wanted to know if that was true.
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Old 07-27-2016, 07:51 PM
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For what the attorney says it's an illegal stacking of the sentence because you have to use one or the other. I just wanted to know if that was true.
That will be an issue for an appeals court to decide. Since you claimed it was unconstitutional, i was wondering why you felt that way. I don't see a constitutional violation and know very little of Florida sentencing law.

I do know that claims of constitutional violations without a specific clause or amendment that were violated tend not to hold much water.

You said it was unconstitutional. Why is that the case?
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Old 07-27-2016, 07:53 PM
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I was told it was because they used more than one sentence enhancer. That's like double jeopardy
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Old 07-27-2016, 07:57 PM
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I was told it was because they used more than one sentence enhancer. That's like double jeopardy
If more than one applies more than one may be used. For example in some states an armed robbery sentence may be enhanced if a gun is actually fired and if the victim was considered vulnerable. Courts don't have to pick between enhancers. They may use all that apply.

Last edited by Cdub; 07-27-2016 at 08:33 PM..
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Old 07-27-2016, 08:25 PM
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It's not double jeopardy. Double jeopardy implies he was charged for the same act twice at the same court level after an acquittal. Double jeopardy does not apply to enhancements.

Some states say that if you apply one enhancement then other enhancements are stayed or suspended (I've read some examples of that in California law.) But for it to apply or not apply in Florida....I don't know. I'm not sure if anyone here's a Florida-based attorney. However, if he had an attorney who thinks there's an issue with the state constitution or the U.S. Constitution I'd ask them to explain what that issue is and get some instruction on how to get the sentence corrected.

I'm not sure I understand what you mean "day for day." Does that mean the credits are half time, meaning he'd serve 15 years? Or day-for-day meaning that for every day he's sentenced it's now doubled, meaning he gets 15 for the crime, 15 for the habitual offender sentence, then because of the second enhancement he has to serve double THAT time? That's a bit confusing....I could see where maybe that scenario could fall under a constitutional issue or where the court's instructed to only apply one enhancement or the other....but again....lawyer would know best.

Again.....if the lawyer thinks there's an issue, ask them to explain it. If they can't, it wouldn't hurt to contact an appellate attorney in Florida, explain what you were told, and see if they will give a consult for free or at a low cost to determine what course of action he might want to take and what the best way to take those actions are. Chances are that they are going to want to have access to the case file in some way since the only way they'll be able to tell you if there's an issue to be brought upon appeal or a sentencing error would be to see what was actually recorded by the court in regards to his sentencing.

Good luck.

-E
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Old 07-27-2016, 08:32 PM
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[quote=missingdee;7551346]It's not double jeopardy. Double jeopardy implies he was charged for the same act twice at the same court level after an acquittal. Double jeopardy does not apply to enhancements.

Some states say that if you apply one enhancement then other enhancements are stayed or suspended (I've read some examples of that in California law.) But for it to apply or not apply in Florida....I don't know. I'm not sure if anyone here's a Florida-based attorney. However, if he had an attorney who thinks there's an issue with the state constitution or the U.S. Constitution I'd ask them to explain what that issue is and get some instruction on how to get the sentence corrected.

I'm not sure I understand what you mean "day for day." Does that mean the credits are half time, meaning he'd serve 15 years? Or day-for-day meaning that for every day he's sentenced it's now doubled, meaning he gets 15 for the crime, 15 for the habitual offender sentence, then because of the second enhancement he has to serve double THAT time? That's a bit confusing....I could see where maybe that scenario could fall under a constitutional issue or where the court's instructed to only apply one enhancement or the other....but again....lawyer would know best.

Again.....if the lawyer thinks there's an issue, ask them to explain it. If they can't, it wouldn't hurt to contact an appellate attorney in Florida, explain what you were told, and see if they will give a consult for free or at a low cost to determine what course of action he might want to take and what the best way to take those actions are. Chances are that they are going to want to have access to the case file in some way since the only way they'll be able to tell you if there's an issue to be brought upon appeal or a sentencing error would be to see what was actually recorded by the court in regards to his sentencing.

Good luck.

The mandatory PRR enhancer made it to where he gets no gain time and the HFO doubled his sentence
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Old 07-27-2016, 11:06 PM
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The mandatory PRR enhancer made it to where he gets no gain time and the HFO doubled his sentence
Just so I can understand, and so the OP can understand what that means....."no gain time" means that he would have to serve the entire 30 years? Or does that mean something else?
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Old 07-27-2016, 11:09 PM
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Just so I can understand, and so the OP can understand what that means....."no gain time" means that he would have to serve the entire 30 years? Or does that mean something else?
-E
Yes that means the whole 30-year sentence day-for-day for day no gain time
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Old 07-28-2016, 06:28 AM
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If he appeals his sentence, a court will decide the issue, not PTO members with their own agendas. If he doesn't formally challenge his sentence in court, then he is probably stuck with it.

Have him ask a licensed Florida lawyer, or law school to receive a straight answer.
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Old 07-28-2016, 08:26 AM
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Just so I can understand, and so the OP can understand what that means....."no gain time" means that he would have to serve the entire 30 years? Or does that mean something else?
-E
Florida has some very f-ed up sentencing practices. They no longer have parole so when a sentence is mandatory its day for day, except its not gain time is done on parole. Its very twisted and unless your an expert on Florida sentencing laws you would never know whether your being screwed or not. OP you really need an appellate lawyer. I know its messed up but he needs the expert help.
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Old 07-28-2016, 08:28 AM
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Florida has some very f-ed up sentencing practices. They no longer have parole so when a sentence is mandatory its day for day, except its not gain time is done on parole. Its very twisted and unless your an expert on Florida sentencing laws you would never know whether your being screwed or not. OP you really need an appellate lawyer. I know its messed up but he needs the expert help.
We have a lawyer and a private investigator helping I was just wanting to hear what he told me from someone else
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Old 07-28-2016, 08:41 AM
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We have a lawyer and a private investigator helping I was just wanting to hear what he told me from someone else
A lot of these things are strictly Florida. Some are the points some are enhancers. I do know how this shit can mess up a persons sentence. Especially the three year crap. It only works against the defendant. They can use more then one of these things during the sentencing of an offender, all he can do is appeal.
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Old 07-29-2016, 10:04 AM
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Yes that means the whole 30-year sentence day-for-day for day no gain time
Thank you for the clarification...and sorry, my head's in a weird place the last few days, completely missed that you were the OP. LOL! I've been flight-headed at times since Dee got her parole plan done and we started making some plans, then I've had some issues dealing with my sister this week.

Sleep....the most under-rated of commodities.

Anyway, if there is a Constitutional issue to be raised or something that can be brought on appeal then my positive thoughts with you both that his sentence can be reduced in some way.

Off to work with me.

-E
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