HARRY LEE DAVIS, JR.
v.
STATE OF FLORIDA

Fla. 2d DCA | 2020-03-11
No. 18-0090
Florida District Court of Appeal, Second District (2020) Positive Treatment
Cited by 1 case
Topics
Miller V. Alabama Apprendi V. New Jersey Sixth Amendment

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Opinion of the Court
Atkinson

PER CURIAM. Affirmed. See White v. State, 271 So. 3d 1023, 1028 (Fla. 4th DCA 2019) ("Florida's juvenile sentencing procedure set forth in section 921.1401[, Florida Statutes,] does not violate the Sixth Amendment under Apprendi [v. New Jersey, 530

- 2 - U.S. 466 (2000),] and its progeny."); Simmons v. State, 267 So. 3d 1067, 1069 (Fla. 1st DCA 2019) ("[T]his Court has previously rejected the argument that a jury, rather than the trial court, must determine whether a life sentence is appropriate under the statutory factors in section 921.1401."); Beckman v. State, 230 So. 3d 77, 97 (Fla. 3d DCA 2017) ("Florida's juvenile sentencing procedure set forth in section 921.1401, as contemplated by Miller [v. Alabama, 567 U.S. 460 (2012)], does not violate the Sixth Amendment under Apprendi and its progeny."), review denied, SC17-2060, 2018 WL 3213795 (Fla. July 2, 2018), cert. denied, Beckman v. Florida, 139 S. Ct. 1166 (2019). KELLY, SALARIO, and ATKINSON, JJ., Concur.

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Citator

Cited By

  • Grimshaw v. State (Fla. 2d DCA 2020)
    …. 3d 1067, 1069-70 (Fla. 1st DCA 2019); Gonzalez v. State, 252 So. 3d 1282, 1283 (Fla. 1st DCA 2018); Copeland v. State, 240 So. 3d 58, 59-60 (Fla. 1st DCA 2018); Beckman v. State, 230 So. 3d 77, 94-97 (Fla. 3d DCA 2017), rev. denied, No. SC17-2060, 2018 WL 3213795, at *1 (Fla. July 2, 2018); see also Arce v. State, 251 So. 3d 350, 351 (Fla. 5th DCA 2018). Affirmed. MORRIS and SALARIO, JJ., Concur.…

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