IN THE SUPREME COURT OF FLORIDA

Transcription

1 IN THE SUPREME COURT OF FLORIDA DEMARIOUS CALDWELL, Petitioner, vs. CASE NO. SC12 - DCA No. 4D STATE OF FLORIDA, Respondent. PETITIONER S JURISDICTIONAL BRIEF On Review from the District Court of Appeal, Fourth District, State of Florida CAREY HAUGHWOUT Public Defender 15 th Judicial Circuit of Florida 421 Third Street/6 th Floor West Palm Beach, Florida ( Florida Bar No ebooker@pd15.state.fl.us Attorney for Petitioner

2 TABLE OF CONTENTS PAGE TABLE OF CONTENTS... i TABLE OF AUTHORITIES... ii STATEMENT OF THE CASE AND FACTS... 1 SUMMARY OF THE ARGUMENT... 2 ARGUMENT... 3 THIS COURT HAS AUTHORITY TO REVIEW THE DECISION BELOW BECAUSE THE DISTRICT COURT AFFIRMED ON THE AUTHORITY OF A CASE THAT IS PENDING BEFORE THIS COURT AND SO THIS COURT HAS JURISDICTION UNDER JOLLIE V. STATE... 3 CONCLUSION... 4 CERTIFICATE OF SERVICE... 4 CERTIFICATE OF FONT... 4 i

3 TABLE OF AUTHORITIES Cases Jollie v. State, 405 So.2d 418 (Fla Maestas v. State, 76 So.3d 991 (Fla. 4th DCA Maestas v. State, No. SC State v. Adkins, Case No. SC Florida Constitution Art. V, 3(b(3, Fla. Const ii

4 STATEMENT OF THE CASE AND FACTS Petitioner was convicted of sale of cocaine within a thousand feet of a church and possession of cocaine. The trial court sentenced him to life in prison as an habitual offender for the sale conviction and five years in prison for the possession conviction. On appeal, relying on Shelton v. Secretary, Department of Corrections, 802 F.Supp.2d 1289 (M.D. Fla. 2011, Petitioner argued that his convictions constituted fundamental error because Section , Florida Statute (2002 is facially unconstitutional as it eliminates the requirement of mens rea in drug prosecutions. He argued that, in the alternative, if the Fourth District declared the statute constitutional, it should vacate his sentences because offenses under Section are strict liability crimes and, therefore, any sentence exceeding 2 years in prison is unconstitutional on its face. The Fourth District Court of Appeal affirmed on the authority of Maestas v. State, 76 So.3d 991 (Fla. 4th DCA See Caldwell v. State, 2012 WL (Fla. 4th DCA April 25, Petitioner filed his notice of discretionary jurisdiction on May 9, This jurisdictional brief follows. 1

5 SUMMARY OF THE ARGUMENT This Court has jurisdiction to review this case because the decision cites as controlling authority a case pending review in this Court as a tag case to State v. Adkins, Case No. SC This Court has jurisdiction under article V, section 3(b(3, Florida Constitution, and Jollie v. State, 405 So.2d 418 (Fla

6 ARGUMENT THIS COURT HAS AUTHORITY TO REVIEW THE DECISION BELOW BECAUSE THE DISTRICT COURT AFFIRMED ON THE AUTHORITY OF A CASE THAT IS PENDING BEFORE THIS COURT AND SO THIS COURT HAS JURISDICTION UNDER JOLLIE V. STATE This Court has jurisdiction to review a decision that expressly and directly conflicts with a decision of this Court or another district court of appeal. Art. V, 3(b(3, Fla. Const. In affirming petitioner s conviction, the Fourth District Court of Appeal cited Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011, a case which is pending before this Court as a tag case to State v. Adkins, Case No. SC See Maestas v. State, No. SC This Court has jurisdiction over a district court decision that cites a case pending before this Court. Jollie v. State, 405 So.2d 418 (Fla Accordingly, this Court has jurisdiction, and this Court should exercise its discretion to review the decision at bar. 3

7 jurisdiction. CONCLUSION Based on the foregoing argument and authorities, this Court should accept Respectfully submitted, CAREY HAUGHWOUT Public Defender 15 th Judicial Circuit Criminal Justice Building ( Florida Bar No CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to Melynda L. Melear, Assistant Attorney General, Office of the Attorney General, Ninth Floor, 1515 N. Flagler Drive, West Palm Beach, Florida , by courier this th day of May, CERTIFICATE OF FONT I HEREBY CERTIFY the instant brief has been prepared with 14 point Times New Roman type, in compliance with a R. App. P (a(2. 4