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