BARRY LYNN WILEY, JR.
v.
STATE OF FLORIDA
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When a trial court rather than a jury finds the fact of dangerousness under section 775.082(10), the proper remedy is to remand for resentencing with instructions to either impose a nonstate sanction of up to one year in county jail or empanel a jury to make the dangerousness determination if requested by the State.
[1] When a trial court rather than a jury finds the fact of dangerousness under Florida Statute § 775.082(10), the proper remedy for harmful error is remand for resentencing…
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Join FLexlaw to unlock all legal intelligence“the proper remedy for harmful error resulting from the court, not the jury, finding the fact of dangerousness under section 775.082(10) is to remand for resentencing with instructions to either impose a nonstate sanction of up to one year in county jail or empanel a jury to make the determination of dangerousness, if requested by the State.”
Statement of the rule from Gaymon v. State, 288 So. 3d 1087 (Fla. 2020)
Barry Lynn Wiley, Jr. was sentenced by the trial court, which found the fact of dangerousness under Florida Statute § 775.082(10). The Florida Supreme…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-4988 _____________________________
BARRY LYNN WILEY, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge.
May 6, 2020
OPINION ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
The Florida Supreme Court has quashed the decision in this case and remanded with instructions that we reconsider the matter in light of its recent decision in Gaymon v. State, 288 So. 3d 1087 (Fla. 2020).
In Gaymon, the Florida Supreme Court held that “the proper remedy for harmful error resulting from the court, not the jury, finding the fact of dangerousness under section 775.082(10) is to remand for resentencing with instructions to either impose a nonstate sanction of up to one year in county jail or empanel a jury to make the determination of dangerousness, if requested by the State.” Id. at 1089–90.
2
Accordingly, we reverse Appellant’s sentence and remand to the trial court for resentencing in accordance with Gaymon.
REVERSED and REMANDED.
ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Robert Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.