Dante Rashad Morris v. State of Florida
Dante Rashad Morris v. State of Florida
Opinion of the Court
Dante Rashad Morris, who was fifteen years old at the time of his crimes, challenges his concurrent sentences of thirty years' imprisonment and fifteen years' imprisonment for the crimes of attempted felony murder and attempted armed robbery, respectively. See Morris v. State ,
*245§ 921.1402(1) Fla. Stat. (2014).
On November 24, 2012, fifteen-year-old Dante Rashad Morris and five other teenaged boys attempted to rob a vendor at a farmer's market. During the attempt, one of the boys shot the vendor. A jury found that Morris possessed a weapon during the commission of the robbery, but concluded that he did not fire the weapon. Morris was convicted of one count of attempted felony murder and one count of attempted armed robbery.
At the sentencing hearing, where Morris sought a downward departure and youthful offender sentence, the court weighed several factors that the 2014 amendments to section 921.1401, Florida Statutes, now require, including the gravity of the offense and its impact on the victim's health and livelihood, Morris's home life and failure to cooperate with his mother, Morris's continuous gang involvement and the peer pressure placed upon him, evidence of Morris's mental health and learning disabilities, Morris's lack of a prior record, and Morris's age and lack of criminal history. The court ultimately sentenced Morris as an adult, imposing a thirty-year sentence for the attempted felony murder and a concurrent fifteen-year sentence for the attempted armed robbery. His sentence does not provide for judicial review. Thereafter, Morris filed a motion to correct sentencing errors pursuant to Florida Rule of Criminal Procedure 3.800(b). Morris ,
The State concedes that Morris is entitled to judicial review of his sentence, stating "if it is unclear that the new statute applied to Morris who was sentenced after its effective date for crimes committed before that date, this case should be remanded solely for the ministerial correction of his sentence to add the 20-year review provision." Answer Br. of State, Morris v. State , No. SC16-2271, at 9. Because the sentencing court did not make the required findings at Morris's sentencing hearing to comport with chapter 2014-220, Laws of Florida, and Morris's sentence lacks any review mechanism, based upon this Court's precedent, Morris is entitled to resentencing. See Lee v. State ,
It is so ordered.
LABARGA, C.J., and PARIENTE and QUINCE, JJ., concur.
LEWIS, J., concurs in result.
LAWSON, J., dissents with an opinion, in which CANADY and POLSTON, JJ., concur.
We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
Dissenting Opinion
In order for a juvenile nonhomicide offender to be entitled to resentencing pursuant to Graham v. Florida ,
CANADY and POLSTON, JJ., concur.
Reference
- Full Case Name
- Dante Rashad MORRIS, Petitioner, v. STATE of Florida, Respondent.
- Cited By
- 3 cases
- Status
- Published