Ralph Monroe, Petitioner v. State of Florida, Respondent — Pariente, J., Concurring

Summary

Justice Pariente concurred in the result, agreeing that ineffective assistance was apparent from the record but concluding independently that the State failed to prove an essential element of both offenses: that Monroe was at least eighteen when they were committed. She reasoned that this failure made the convictions and sentences unlawful and potentially unconstitutional, and that the case warranted relief despite the lack of preservation. The concurrence would recognize a narrow additional exception to preservation for such cases or, alternatively, apply a manifest-miscarriage-of-justice standard.