State v. Manago
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The Supreme Court quashed in part the decision of the Fifth District Court of Appeal and remanded this case for resentencing proceedings, holding that the trial court committed harmful Alleyne error. See Alleyne v. United States, 470 U.S. 99, 114 (2013).
During Defendant's criminal trial, the trial court made an Alleyne error and then purported to review its own decision to determine whether the Alleyne error was harmful. The Fifth District found harmful error, concluding that the only available remedy was to remand the case with instructions to resentence Defendant under a statutory provision that carried a lesser penalty. The Supreme Court upheld the Fifth District's ruling that the trial court committed harmful Alleyne error but quashed the decision to the extent it directed that only resentencing would be an appropriate remedy, holding that on remand after making an Alleyne error, a trial court is not foreclosed from empaneling a jury to make a factual determination that affects the legally-prescribed range of allowable sentences.
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