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67 So. 3d 1147
Fla. Dist. Ct. App.
2011
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Background

  • Kirkland, age 15 at the time, was convicted by jury of attempted second-degree murder, attempted felony murder, shooting into an occupied vehicle, and robbery with a firearm for an April 26, 2008 incident.
  • The trial court imposed a 40-year adult sentence after a post-conviction relief proceeding, correcting an error by recognizing juvenile-sanction availability but keeping the same term.
  • The case proceeded in adult court under section 985.557, Florida Statutes, which allows direct filing against a juvenile for specified crimes with potential adult sanctions.
  • The defense argued the prosecution’s direct-file in adult court violated the 6th Amendment by not submitting facts to a jury to determine exposure to a lengthy sentence.
  • The appellate court reversed the Count I conviction for the lesser included offense of attempted second-degree murder, while Counts II–IV were affirmed and the case remanded for new trial or dismissal on Count I.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does Apprendi apply toFlorida’s juvenile direct file under 985.557? Kirkland State Apprendi does not apply to the direct-file/pretrial transfer decision.
Is jury factfinding required for the state’s pretrial direct-file decision under 985.557? Kirkland State No jury determination is required for the pretrial transfer decision.
Whether the error requires reversal or limited relief for Count I Kirkland State Count I reversed and remanded; Counts II–IV affirmed.

Key Cases Cited

  • Apprendi v. New Jersey, 530 U.S. 466 (2000) (holders that any fact increasing punishment beyond maximum must be jury-found)
  • Oregon v. Ice, 555 U.S. 160 (2009) (Apprendi line not extended to state-law entitlement to predicate findings)
  • State v. Andrews, 329 S.W.3d 369 (Mo.2010) (Apprendi not applicable to juvenile certification)
  • State v. Jones, 273 Kan. 756, 47 P.3d 783 (2002) (Apprendi does not apply to juvenile waiver hearings)
  • People v. Beltran, 327 Ill.App.3d 685, 262 Ill.Dec. 463, 765 N.E.2d 1071 (2002) (transfer hearing dispositional, not adjudicatory)
  • Caldwell v. Commonwealth, 133 S.W.3d 445 (Ky.2004) (juvenile transfer not a sentence enhancement)
  • State v. Kalmakoff, 122 P.3d 224 (Alaska App.2005) (transfer not subject to Apprendi)
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Case Details

Case Name: Kirkland v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 4, 2011
Citations: 67 So. 3d 1147; 2011 Fla. App. LEXIS 12248; 2011 WL 3331232; No. 1D09-3325
Docket Number: No. 1D09-3325
Court Abbreviation: Fla. Dist. Ct. App.
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