State of Florida v. Herbert Leon Manago, Jr.

Summary

The court held that the trial court committed harmful constitutional sentencing error by determining for itself whether a factual finding required for the harsher juvenile sentencing provision would have been made by a jury. Because the record contained conflicting evidence and credibility issues, the error was not harmless beyond a reasonable doubt. The court quashed the restriction that resentencing under the lesser-penalty provision was the sole remedy and held that a jury may be empaneled on remand to make the required factual determination.