Woods v. State

I vote to affirm Ms. Woods’ sentence because § 775.082(10), Florida Statutes, does not have an Apprendi-related, Sixth Amendment problem. Apprendi prohibits judicial findings that increase a criminal penalty beyond the maximum authorized by a jury’s verdict. Here, § 775.082(10) does not allow courts to increase the punishment, but only affects the form of a defendant’s penalty, whether it will include prison time or not. The maximum sentence for Ms. Woods’ third-degree felony was five years whether she received prison or not. And her eighteen-month prison sentence, after the jury found her…