Manna v. State
Defendant appealed his sentence for violating a domestic-violence injunction and probation, arguing that the victim's lengthy sentencing-hearing testimony about extensive uncharged prior abuse tainted the proceeding and violated due process. The Fourth DCA affirmed, holding that although Marsy's Law entitles victims to be heard at sentencing, courts must still avoid basing sentences on uncharged conduct, and here the trial court expressly limited its consideration of the uncharged-conduct testimony (using it only to gauge the victim's state of mind) and imposed a within-guidelines, within-statutory-maximum sentence, so no fundamental error occurred.
Key facts
- Defendant was convicted of violating a domestic-violence injunction and probation.
- At sentencing, the victim testified at length about extensive uncharged prior abuse incidents.
- +2 more key facts with a free trial
Why it matters
This opinion gives practitioners a concrete template for how a sentencing court can permit expansive Marsy's Law victim statements—including detailed uncharged-conduct testimony—while insulating the sentence from a… — full analysis with a trial
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