No. 19-5913
Sammie Lee Smith, IV v. Florida
Response WaivedIFP
Tags: aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony
Latest Conference:
2019-10-18
Question Presented (from Petition)
Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), together with the underlying substantive offense, constitute a new aggravated crime, the elements of which must be charged in the information, submitted to a jury, and proved beyond a reasonable doubt?
Question Presented (AI Summary)
Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), together with the underlying substantive offense, constitute a new aggravated crime, the elements of which must be charged in the information, submitted to a jury, and proved beyond a reasonable doubt?
Docket Entries
2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Waiver of right of respondent Florida to respond filed.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)
Attorneys
Florida
Sammie Lee Smith, IV