Angel Colon v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ANGEL COLON, Appellant, v. Case No. 5D16-1789 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 24, 2017 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. James S. Purdy, Public Defender, and Kristen D. Dukes, Assistant Public Defender, Daytona Beach, for Appellant. Angel Colon, Graceville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this Anders1 appeal, Appellant, who was convicted in 1997 of the crime of firstdegree murder committed when he was a juvenile, challenges his present sentence of 1 Anders v. California, 386 U.S. 738 (1967). fifty years in prison with a review hearing under the new juvenile sentencing statutes2 to take place after twenty-five years.3 We affirm on all issues raised by Appellant. However, consistent with our recent opinion in Williams v. State, 42 Fla. L. Weekly D363 (Fla. 5th DCA Feb. 10, 2017), we certify the following question to the Florida Supreme Court as one of great public importance: DOES ALLEYNE v. UNITED STATES, 133 S. CT. 2151 (2013), REQUIRE THE JURY AND NOT THE TRIAL COURT TO MAKE FACTUAL FINDINGS UNDER SECTION 775.082(1)(b), FLORIDA STATUTES (2016), AS TO WHETHER A JUVENILE OFFENDER ACTUALLY KILLED, INTENDED TO KILL, OR ATTEMPTED TO KILL THE VICTIM? AFFIRMED; QUESTION CERTIFIED. EVANDER and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, Concur. 2 ยงยง 775.082, 921.1401, 921.1402, Fla. Stat. (2016). 3 Appellant was previously sentenced to life in prison without the possibility of parole; however, based upon his motion and the recent decisions in Miller v. Alabama, 132 S. Ct. 2455 (2012), and Falcon v. State, 162 So. 3d 954 (Fla. 2015), the lower court granted his request for postconviction relief, vacated his life sentence, and ordered a resentencing. 2

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