Q: Recent rulings in Marcus Mays PRR case by Florida Supreme Court?
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
A: I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as retroactivity and procedure vs substance. If your case is current, then you should definitely assert that Erlinger United States, 2024, applies. Under Erlinger, Apprendi and Allyne the State must allege enhancing facts in the information, prove them beyond a reasonable doubt and a jury must unanimously find the enhancing fact beyond a reasonable doubt. I tried a PRR case in February, 2025. The State filed an amended information just before jury selection. The PRR issues were dealt with in a second phase. You should discuss your case, and how these issues might apply, with your attorney. And you should keep your eyes open for the Fla S Ct's opinion in the Marcus Maye case whenever it comes out.
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