Kleppinger v. State
2012 Fla. App. LEXIS 2271
| Fla. Dist. Ct. App. | 2012Background
- 1996 escape by Kleppinger from jail; he and a cohort severely injured a deputy during the escape.
- Charges: attempted second-degree murder of a law enforcement officer, escape, kidnapping (life, first degree), and depriving officer of means of communication.
- 1997 trial court departed from guidelines, imposing maximum for each count and consecutive sentences (15 years for attempted second-degree murder and escape, life without parole for kidnapping, 5 years for deprivation).
- Direct appeal pending; Apprendi issued in 2000 after sentencing but before final resolution; the state court later affirmed with minor corrections.
- Postconviction motion under Rule 3.800(a) argued Apprendi/Blakely invalidated the departure sentence; Graham argument added; court denied relief on Apprendi/Blakely but granted relief on Graham for the kidnapping life sentence.
- Remand for resentencing on the kidnapping count, with law from Graham, Apprendi, and Blakely governing the new sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Apprendi/Blakely invalidated the departure sentence. | Kleppinger argues departure based on State-ground findings violated Apprendi. | State contends life-for-kidnapping within statutory maximum; Apprendi not violated. | Apprendi not violated; life sentence within statutory maximum. |
| Whether Blakely should be retroactive for relief. | Blakely should apply retroactively to his sentence. | Retroactivity not warranted per Boardman; no relief. | Blakely not retroactive; no relief under Blakely. |
| Whether Graham requires relief for a juvenile nonhomicide life sentence. | Graham prohibits life without parole for juvenile nonhomicide without meaningful release. | Graham does not apply to this context, or does not alter the sentence. | Graham applies; life sentence for kidnapping unconstitutional; relief warranted. |
| What is the proper remedy on remand? | Remand for resentencing on kidnapping count consistent with Graham and Apprendi. | resentencing guided by de novo standard. | Remand for resentencing on kidnapping count; apply Graham, Apprendi, Blakely. |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (anything beyond statutory maximum must be proven to a jury beyond a reasonable doubt)
- Blakely v. Washington, 542 U.S. 296 (2004) (clarified Apprendi on judicial findings of sentence enhancements)
- Graham v. Florida, 560 U.S. _ (2010) (life without parole for juvenile nonhomicide offenses violates Eighth Amendment)
- Manuel v. State, 48 So. 3d 94 (Fla. 2010) (Florida case applying Graham to juvenile sentencing context)
- Boardman v. State, 69 So. 3d 367 (Fla. 2d DCA 2011) (Blakely retroactivity not applied when sentence within statutory maximum)
- State v. Fleming, 61 So. 3d 399 (Fla. 2011) (de novo resentencing standard; aligns with Graham/Apprendi framework)