Legal Opinion

State of Florida v. Herbert Leon Manago, Jr.

Supreme Court of Florida

Decided November 30, 2023No. SC2021-1047Published

1Opinion of the Court

Supreme Court of Florida ____________ No. SC2021-1047 ____________ STATE OF FLORIDA, Petitioner, vs. HERBERT LEON MANAGO, JR., Respondent. November 30, 2023 COURIEL, J. It is “the historic role of the jury” to stand as “an intermediary between the State and criminal defendants.” Alleyne v. United States,

570 U.S. 99, 114

(2013). For this reason, while a trial court has broad discretion to sentence a person convicted of a crime to a term of incarceration within the range authorized by law, the Sixth Amendment requires that, when a fact other than the existence of a prior conviction “aggravates…

2Cases cited23 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Miller v. AlabamaSupreme Court of the United States · 2012
  4. Alleyne v. United StatesSupreme Court of the United States · 2013
  5. Cannon v. University of ChicagoSupreme Court of the United States · 1979

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