Plott v. State
2012 Fla. App. LEXIS 3362
| Fla. Dist. Ct. App. | 2012Background
- Plott appeals an order denying his motion to correct an illegal sentence.
- He contends a jury trial was required in 2005 to determine the factual grounds for his Heggs-based resentencing that produced upward departure life sentences.
- Plott was convicted in 1997 of four sexual-battery offenses and initially sentenced to life under the 1995 guidelines, which were later found unconstitutional.
- In 2005, after Heggs, Plott was resentenced; the trial court used a finding of especially Heinous, Atrocious, or Cruel to upwardly depart without a new jury trial.
- This court affirmed the 2005 resentencing in 2006; Plott did not argue for a jury on direct appeal regarding the upward departure.
- In 2010, Plott filed a postconviction motion alleging illegal life sentences; the trial court denied it as a procedural error not cognizable under Rule 3.800(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a jury is required for Heggs-based upward departures on resentencing | Plott | State | Not required; 3.800(a) not available for this error |
Key Cases Cited
- Heggs v. State, 759 So.2d 620 (Fla.2000) (upholding retroactive Heggs requirements; guides resentencing review)
- Fleming v. State, 61 So.3d 399 (Fla.2011) (Apprendi effects on resentencing; directs review on direct appeal context)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (broadhold for sentencing enhancements based on facts)
- Blakely v. Washington, 542 U.S. 296 (2004) (clarifies Apprendi-based requirements at sentencing)
- Jackson v. State, 29 So.3d 1152 (Fla.2d DCA 2010) (3.800(a) not for upward-departure procedural defects)
- Ives v. State, 993 So.2d 117 (Fla.4th DCA 2008) (procedural defect in enhanced sentence not itself illegal sentence)
- McGregor v. State, 789 So.2d 976 (Fla.2001) (Apprendi errors are not fundamental; preservable)
- Hughes v. State, 901 So.2d 837 (Fla.2005) (Apprendi-related errors must be preserved)
- Isaac v. State, 911 So.2d 813 (Fla.1st DCA 2005) (related to Fleming; context for 3.850 review interplay)
- Plott v. State, 940 So.2d 432 (Fla.2d DCA 2006) (affirmed resentencing; issue of jury trial not raised on appeal)
- Heggs v. State, No official reporter here (Fla.2000) (see above entry for citation; included for context)