Hatten v. State
152 So. 3d 849
| Fla. Dist. Ct. App. | 2014Background
- Appellant was convicted of manslaughter (count I), attempted second-degree murder (count III), and possession of a firearm by a convicted felon (count V) in a direct appeal.
- Appellant challenges five issues, including sufficiency of the JT judgment of acquittal on count III and errors in jury instructions, as well as a challenge to the 10-20-Life sentence scheme and costs.
- The court granted rehearing, withdrew its prior opinion, and substituted this opinion to clarify the disposition of the fourth issue.
- Rehearing en banc was denied.
- First and second issues are affirmed without comment; third issue affirmed based on Weeks and Kraay.
- Fourth issue affirmed based on Kelly, with conflict certified regarding Wiley and other districts on sentencing beyond the mandatory minimum under 10-20-Life; fifth issue remanded for minor sentencing corrections related to costs, with a corrected judgment potentially reentered on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judgment of acquittal on count III | Appellant argues the trial court erred in denying acquittal on count III. | State maintains sufficient evidence supported the conviction. | Affirmed. |
| Jury instructions on justifiable deadly force | Appellant contends jury instructions were fundamentally erroneous. | State asserts instructions were proper. | Affirmed. |
| Statute for count V vague | Appellant challenges the statute underlying count V as unconstitutionally vague. | State defends the statute's validity. | Affirmed. |
| Excessive sentence beyond 30-year max for count III | Appellant claims 40-year sentence with a 25-year minimum exceeds the 30-year maximum for a first-degree felony. | State relies on 10-20-Life framework allowing enhanced sentencing. | Affirmed; conflict certified with other districts on sentencing authority. |
| Costs imposition and statutory basis | Appellant argues certain costs were improperly imposed or lacking statutory basis. | State contends costs were appropriate under applicable statutes. | Remanded for correction of minor sentencing errors; conflict certified; prior corrected judgment on remand permitted. |
Key Cases Cited
- Weeks v. State, 146 So.3d 81 (Fla. 1st DCA 2014) (supports upholding 10-20-Life sentencing interpretations)
- Kraay v. State, 148 So.3d 789 (Fla. 1st DCA 2014) (addressing sentencing under 10-20-Life)
- Kelly v. State, 137 So.3d 2 (Fla. 1st DCA 2014) (permits sentence in addition to minimum under 10-20-Life; conflicts with other decisions)
- Wiley v. State, 125 So.3d 235 (Fla. 4th DCA 2013) (limits on exceeding mandatory minimum without statutory authority)
- Wooden v. State, 42 So.3d 837 (Fla. 5th DCA 2010) (minimum 25 years cannot create life; 30-year max for first-degree felony remains)
- Martinez v. State, 114 So.3d 1119 (Fla. 2d DCA 2013) (second-degree felony enhanced by firearm use under statutes)
- Sheppard v. State, 113 So.3d 148 (Fla. 2d DCA 2013) (analysis of enhanced sentencing under 10-20-Life)
- Prater v. State, 113 So.3d 147 (Fla. 2d DCA 2013) (concerning 10-20-Life sentencing framework)
- McLeod v. State, 52 So.3d 784 (Fla. 5th DCA 2010) (statutory constraints on first-degree felony sentencing under 10-20-Life)
- Roberts v. State, 2013 WL 6687751 (Fla. 5th DCA Dec.20, 2013) (WL citation; sentencing considerations under 10-20-Life)