Klick v. State
The Sixth DCA held that Brown v. State's Sixth Amendment rule—requiring a jury (not a judge) to find 'dangerousness' before a court can impose a state prison sentence under section 775.082(10) for low-scoring third-degree felonies—applies not only at original sentencing but also at resentencing following revocation of probation. The court adopted the Second District's reasoning in Shields v. State, reversing a trial court's imposition of a four-year prison sentence on a defendant who scored under 22 points, because the judge (not a jury) made the dangerousness finding at the VOP resentencing. The court also held the dangerousness finding must focus on whether a nonstate prison sanction poses a danger, not whether the defendant himself is dangerous.
Key facts
- Defendant was convicted of a third-degree felony with a scoresheet below 22 points and originally sentenced to probation.
- Following revocation of probation, the trial court resentenced the defendant to four years in state prison based on a judicial finding of dangerousness under section 775.082(10).
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Why it matters
This opinion resolves an open question for the newly formed Sixth DCA by extending Brown's jury-trial requirement to VOP resentencings, aligning with the Second District's Shields decision and giving practitioners… — full analysis with a trial
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