Lamberson v. State
On a new direct appeal limited to retroactivity, the Second District held that Brown v. State (requiring jury, not judge, findings of dangerousness under §775.082(10)) does not apply retroactively to Lamberson's case, aligning with the Fifth District's Adams decision. Despite the illegal prison sentence imposed without required written findings, because Brown is not retroactive, Lamberson's remedy is remand for a nonstate prison sentence under the law in effect at the time of his original appeal (Rodriguez-Aguilar), not vacatur of a prison term under Brown.
Key facts
- Lamberson was convicted and sentenced to prison, but the trial court failed to make written findings of dangerousness as required by §775.082(10).
- Lamberson appealed, arguing the sentencing was illegal; the trial court's sentencing predated Brown v. State (2018), which later held that jury, not judge, findings of dangerousness were constitutionally required.
- +2 more key facts with a free trial
Why it matters
This opinion resolves—with the State's concession—that Brown's jury-trial requirement for dangerousness findings under §775.082(10) does not apply retroactively, aligning the Second District with the Fifth District's… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.