On April 28, 2016, the Florida Supreme Court granted review of the Fourth District Court of Appeals decision in Norvil v. State, 162 So.3d 3 (Fla. 4DCA 2014) on the issue of whether a trial court can consider a subsequent arrest without conviction during sentencing for the primary offense.
In Norvil, the defendant was charged
with one count of armed burglary of a dwelling.
The defendant entered an open plea to the bench, and during sentencing,
the State filed a Sentencing Memorandum requesting that the court consider a
subsequent charge of burglary of a vehicle that was still pending. Over the defense’s objection, the trial court
announced that it was going to consider the pending charge and declined to
sentence defendant to a Youthful Offender sentence and instead sentenced him to
twelve-years in prison.
On appeal, the issue before the Court was
whether the trial court violated the defendant’s due process rights by
considering a subsequent arrest without conviction. The Florida Supreme Court held that “a trial
court may not consider a subsequent arrest without conviction during sentencing
for the primary offense.”