Florida

Blakely v. Washington in Florida Law

How Blakely v. Washington applies in Florida: state-specific rules, key cases, and bar exam notes for Criminal Procedure.

State Approach

Florida law adheres to the principles outlined in Blakely v. Washington concerning the Sixth Amendment right to a jury trial. As a result, any fact that may increase the penalty imposed beyond the statutory maximum must be presented to a jury.

State Rule
Under Florida's sentencing guidelines, if a judge intends to impose a sentence outside of the prescribed guidelines based on factors not found by a jury, the sentence is unconstitutional per the Blakely ruling.
Significant State Cases

State v. McCloud

The Florida Supreme Court held that facts increasing a defendant's sentence beyond the minimum prescribed must be determined by a jury, aligning with Blakely.

State v. Hagan

The court reiterated that any enhancements to a sentence based on facts not found by a jury would violate a defendant's constitutional rights.

Simmons v. State

Acknowledged the requirements of Blakely in regards to jury findings on upward sentencing departures, reinforcing a defendant's rights.

Comparison to Federal Law

Florida's approach closely follows the federal standard established in Blakely, ensuring that no facts increasing a sentence beyond the statutory maximum can be determined solely by the judge without a jury's input. Both systems emphasize the importance of jury findings in sentencing enhancements.

Bar Exam Note

Understanding the implications of Blakely is essential for the Florida bar exam, as it tests applicants' knowledge of constitutional protections during sentencing and jury rights.

Practice Pointers
  • Always verify if any sentencing enhancements require jury findings in your case.
  • Stay updated on case law developments regarding sentencing and jury rights as this area is frequently litigated.
  • Prepare to argue for or against sentence enhancements based on jury determinations in pre-trial motions and sentencing hearings.

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