RODERICK WASHINGTON
v.
STATE OF FLORIDA
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When sentencing a juvenile offender for crimes of violence, a jury rather than a judge must make the factual finding of whether the defendant actually killed, intended to kill, or attempted to kill the victim.
[1] When sentencing a juvenile offender for crimes of violence under Florida law, the factual determination of whether the juvenile killed, intended to kill, or attempted to…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Alleyne v. United States, 570 U.S. 99 (2013), requires a jury, rather than a judge, to make the factual finding as to whether the juvenile offender actually killed, intended to kill, or attempted to kill the victim.”
The court's statement of the controlling legal principle from Williams v. State regarding jury fact-finding requirements for juvenile offenders.
Roderick Washington was convicted as a juvenile of two counts of kidnapping and two counts of first-degree murder alongside codefendants. His original…
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KELLY, Judge.
Roderick Washington was convicted of two counts of kidnapping and two counts of first-degree murder. He was seventeen years old when he participated in the offenses with several codefendants. His original sentences were overturned as violations of the Eighth Amendment, Lawton v. State, 181 So. 3d 452, 453 (Fla. 2015),
and he was resentenced to two life terms and two forty-year terms under section
775.082(1)(b)(1), Florida Statutes (2016), with the proviso that he could petition the court for review after twenty-five years under section 921.1402(2)(a), Florida Statutes (2016). In resentencing Washington, the sentencing court found that Washington intended to kill the victims.
In this appeal, Washington again challenges the sentences imposed on him, citing Williams v. State, 242 So. 3d 280 (Fla. 2018), which holds that Alleyne v.
United States, 570 U.S. 99 (2013), requires a jury, rather than a judge, to make the factual finding as to whether the juvenile offender actually killed, intended to kill, or attempted to kill the victim. See 242 So. 3d at 288. Although the court in Williams concluded that Alleyne violations are subject to harmless error review, 242 So. 3d at
289, the violation here cannot be deemed harmless. Therefore, we remand for the trial court to resentence Washington under section 775.082(1)(b)(2). See Williams, 242 So. 3d at 294.
Reversed and remanded for resentencing.
NORTHCUTT and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Toye v. State (Fla. 2d DCA 2019)
Authorities Cited
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Rodrick D. Williams v. State, 242 So. 3d 280 (Fla. 2018)
- Torrence Lawton v. State, 181 So. 3d 452 (Fla. 2015)