Q: Please see below
The prison releasee reoffender (PRR) act was revived and readopted as official state law on may 5, 2000, as encacted in session law for chapter 2000-246, section 3 laws of Florida.
The Florida Legislature scheduled the enactment of the PRR act to become effective as law on October 1, 2000.
A robbery occurred on May 14, 2000, and the court imposed life without the possibility of parole as a PRR on July 19, 2001.
1. Is this an ex post facto violation?
2. If a defendant is barred from pro se filings or a trial court refuses to hear and decide any challenges to a defendant's prison sentence, and that defendant's sentence is unconstitutional in light of Article X, sec. 9 Fla. Const., what avenue is available for one to challenge this issue before a court?
A: The maximum sentence at the time of offense controls. Since PRR does not increase the maximum sentence, the maximum sentence was probably life. However, the PRR classification created a mandatory minimum sentence of life. Your defendant may be entitled to a motion to correct sentencing error, because the PRR classification cannot be applied retroactively. The judge may, however, simply resentence to life. If the judge does grant a resentencing, then Apprendi and Erlanger would apply to preclude a PRR classification which is not alledged in the information and unanimously found by the jury beyond a reasonable doubt. There may be a possibility of a lesser sentence at a resentencing without PRR. The second part of your inquiry would require specific knowledge of the procedural history of your case. Such a bar usually results from numerous filings without legal basis. It is possible that the defendant previously raised these claims and had them denied, which might be considered to be law of the case. I recommend that your defendant consult an experienced post conviction attorney for guidance.
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