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RECENT RELEASES - FLORIDA SUPREME COURT

CRIMINAL LAW--SENTENCING--MURDER COMMITTED BY JUVENILE. The decision of the U.S. Supreme Court in Alleyne v. United States requires the jury and not the trial court to make the factual finding under section 775.082(1)(b), Florida Statutes (2016), as to whether the juvenile offender actually killed, intended to kill, or attempted to kill the victim. Alleyne violations are subject to harmless error review. If the error cannot be deemed harmless, the proper remedy is to resentence the juvenile offender pursuant to section 775.082(1)(b)2., Florida Statutes (2016). In the case under review, the Court found that the Alleyne violation could not be deemed harmless where the record fails to demonstrate beyond a reasonable doubt that a rational jury would have found that the juvenile offender actually killed, intended to kill, or attempted to kill the victim.
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