Markus Leon Brown v. State of Florida
179 So. 3d 466
| Fla. Dist. Ct. App. | 2015Background
- Markus Leon Brown was charged in 2011 with two counts of sexual battery by a person in a position of familial authority against his daughters, Y.B. and C.B., for acts alleged between May 1997 and July 1998.
- At time of the offenses the applicable limitations period was four years. Section 775.15(7) (1997) delayed the start of the limitations period until the victim turned 16 or the offense was reported to law enforcement/another governmental agency, whichever occurred earlier.
- Y.B. was reported to DCF on April 29, 1998 (would have caused limitations to expire April 29, 2002). C.B. was reported to DCF on November 15, 1999 (would have caused limitations to expire November 15, 2003).
- In 2003 the Legislature amended the limitations statute to provide that first-degree felony sexual battery against a victim under 18 "may be commenced at any time," except offenses that would have been time barred by subsection (2) on or before October 1, 2003.
- Trial court denied Brown’s pretrial limitations-based dismissal; Brown pled no contest, reserved appeal, and was sentenced to concurrent 25-year terms. Appeal challenged application of the 2003 amendment to bar (or not bar) prosecution.
Issues and Key Cases Cited
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brown) | Held |
|---|---|---|---|
| Whether the 2003 amendment to the statute of limitations applies to these offenses | 2003 amendment applies retroactively to permit prosecution of both counts because the victims turned 18 after the crimes and prosecutions were not time-barred as of Oct. 1, 2003 | 2003 amendment cannot revive prosecutions that were already time-barred under the statute in effect when the offenses were reported/occurred | Amendment applies to C.B. charge (not time-barred as of Oct. 1, 2003); does not apply to Y.B. charge (time-barred before Oct. 1, 2003) |
Key Cases Cited
- Erhlick v. State, 898 So. 2d 237 (Fla. 4th DCA) (standard of review for legal questions)
- State v. Mack, 637 So. 2d 18 (Fla. 4th DCA) (statutes of limitation in effect at time of incidents govern)
- State v. Shamy, 759 So. 2d 728 (Fla. 4th DCA) (statutes affecting substantive rights presumed prospective absent clear legislative intent)
- Scharfschwerdt v. Kanarek, 553 So. 2d 218 (Fla. 4th DCA) (legislature may retroactively extend limitations if amendment takes effect before prior limitations run and clearly intends retroactivity)
- Torgerson v. State, 964 So. 2d 178 (Fla. 4th DCA) (amendment not intended for retroactive application cannot be used to revive time-barred prosecutions)
- Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638 (Fla.) (trial court affirmed when correct result reached even for wrong reasons)