Williams v. State

Alleyne v. United States, 570 U.S. 99 (2013) requires a jury to make the factual finding under Fla. Stat. 775.082(1)(b) as to whether a juvenile offender actually killed, intended to kill, or attempted to kill the victim, but Alleyne violations are subject to harmless error review. Where an Alleyne error cannot be considered harmless, the proper remedy is to resentence the juvenile offender.Petitioner was found guilty by a jury of first-degree murder and kidnapping. The trial court sentenced Petitioner to life imprisonment with the possibility of parole in twenty-five years for the murder. The Fifth District Court of Appeal reversed Petitioner’s sentence with respect to the murder conviction and remanded to the trial court with direction to make the factual determination as to whether Petitioner actually killed, intended to kill, or attempted to kill the victim. After a hearing, the trial court found that Petitioner both actually killed and intended to kill the victim. The court again sentenced Petitioner to life imprisonment, but with a sentence review in twenty-five years. The Supreme Court remanded the case, holding (1) Alleyne requires the jury to make the factual finding at issue under section 775.082(1)(b); and (2) the Alleyne violation in this case was not harmless. View "Williams v. State" on Justia Law