(DOWNLOAD) "Cutts v. State" by In the District Court of Appeal of Florida Second District # eBook PDF Kindle ePub Free
eBook details
- Title: Cutts v. State
- Author : In the District Court of Appeal of Florida Second District
- Release Date : January 03, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
We affirm Gregory A. Cutts challenges to his sentences for two sexual battery convictions, which he contends were imposed in contravention of Blakely v. Washington, 542 U.S. 296 (2004). Mr. Cutts was convicted and originally sentenced in March 2000. His convictions and sentences were final on March 23, 2001, when this court issued its mandate from his direct appeal. As the result of collateral post-conviction proceedings, however, Mr. Cutts was resentenced in 2005. He now appeals from those sentences on the ground that they violate Blakelys proscription against enhancement of a guidelines sentence under a scheme--such as Floridas 1994 sentencing guidelines--with a maximum sentence exposure absent a departure from the guidelines. In such a case, according to the Blakely decision, enhancement is improper based upon facts found by a judge rather than a jury. See Behl v. State, 898 So. 2d 217 (Fla. 2d DCA 2005) (involving a case pending on direct review when Blakely was decided).