Manago v. State
In a juvenile-offender resentencing under section 921.1401, the Fifth DCA held that the trial court did not abuse its discretion by admitting and considering the defendant's prison disciplinary records—including reports of unadjudicated (uncharged) battery and lewd conduct—as evidence bearing on his rehabilitative potential under section 921.1401(2)(j). The court distinguished Norvil's due-process concerns about mere arrests (based only on probable cause) from prison disciplinary proceedings, which afford the inmate notice, an opportunity to contest the charges, and an administrative appeal, satisfying due process. The panel expressly certified conflict with the Second DCA's decision in Love v. State, 235 So. 3d 1037 (Fla. 2d DCA 2018).
Key facts
- Juvenile offender sought resentencing under section 921.1401 after being originally sentenced to prison; trial court admitted prison disciplinary records documenting unadjudicated battery and lewd conduct allegations.
- Trial court considered the disciplinary records as evidence of the defendant's rehabilitative potential at the resentencing hearing.
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Why it matters
This decision creates an express, certified conflict with the Second DCA's Love decision on whether unadjudicated prison disciplinary conduct may be considered at a juvenile offender's resentencing, making it ripe for… — full analysis with a trial
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