Rodrick D. Williams, Petitioner v. State of Florida, Respondent. — Canady, J., Concurring in Part and Dissenting In…

Summary

The author agrees that the statutory factual findings required for the more severe sentence had to be made by a jury and that the absence of those findings requires reversal and resentencing. The author disagrees with barring a jury proceeding on remand and would leave open the possibility of imposing the more severe statutory sentence. The author also contends that the majority misapplied constitutional avoidance by relying on speculative double-jeopardy concerns without deciding whether those concerns actually required the restricted remedy.