CopyPublished | Florida 4th District Court of Appeal
...violence statute, it must result in the “physical injury or death of one
family or household member by another family or household member.” §
741.28(2), Fla. Stat. (2018). “A domestic violence designation under
section
741.28(2) triggers mandatory minimum sentences under section
741.283.” Bethea v....
...motion seeking clarification of our previous opinion. Id.
Therefore, we should decline the State’s belated request for a second
opportunity to empanel a jury to determine if the defendant should be
“adjudicated guilty of a crime of domestic violence” pursuant to section
741.283, Florida Statutes (2018)....
...misdemeanor battery charge was completed upon pronouncement of his
sentence, and he had already served in pretrial detention well over the one-
year maximum he could have received even if he had been “adjudicated
guilty of a crime of domestic violence” pursuant to section 741.283, Florida
Statutes (2018)....
...4
WHETHER A DOUBLE JEOPARDY VIOLATION WOULD
RESULT FROM THE STATE’S EMPANELING OF A SECOND
JURY ON RESENTENCING TO DETERMINE, FOR PURPOSES
OF THE MINIMUM MANDATORY JAIL TERMS
CONTEMPLATED BY SECTION
741.283 OF THE FLORIDA
STATUTES, IF A DEFENDANT SHOULD BE “ADJUDICATED
GUILTY OF A CRIME OF DOMESTIC VIOLENCE, AS
DEFINED IN [SECTION]
741.28,” AFTER A DEFENDANT’S
FIRST JURY FOUND HIM OR HER GUILTY ONLY OF
MISD...
CopyPublished | Florida 4th District Court of Appeal
...ach, for appellee.
GROSS, J.
After a jury trial, Jeremy Bethea was convicted of battery, in violation
of section
784.03(1), Florida Statutes (2018). The trial court converted
that conviction into a domestic violence conviction. See §§
741.28,
741.283, Fla....
...The Trial Court’s Designation of the Battery Conviction as One of
Domestic Violence Was Improper Since Fact Issues Pertaining to
the Designation Were Not Submitted to the Jury
Appellant was charged with battery (domestic) in violation of sections
784.03(1) and
741.283, Florida Statutes (2018). Section
741.283
establishes minimum terms of imprisonment for those “adjudicated guilty
of a crime of domestic violence, as defined in s....
...It follows, then, that any fact
that increases the mandatory minimum is an “element” that
must be submitted to the jury.
Id. at 103 (internal citation omitted).
2
A domestic violence designation under section
741.28(2) triggers
mandatory minimum sentences under section
741.283....
...In this case, the
facts necessary to a “domestic violence” designation are (1) a battery, (2)
where the victim is a “family or household member” of the defendant, and
(3) the battery “result[ed] in physical injury or death” of the victim. §
741.28(2), Fla. Stat. (2018). Section
741.283(1)(a) describes the
mandatory minimum sentences for first, second, and third or subsequent
domestic violence offenses and requires that the defendant has
“intentionally caused bodily harm to another person.”
Here, the jury was charged only on misdemeanor battery....
CopyPublished | Florida 4th District Court of Appeal
...violence statute, it must result in the “physical injury or death of one
family or household member by another family or household member.” §
741.28(2), Fla. Stat. (2018). “A domestic violence designation under
section
741.28(2) triggers mandatory minimum sentences under section
741.283.” Bethea v....
