Friday, April 29, 2016

Criminal Sentencing

          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.”