Mr. Booker pled no contest to fleeing or attempting to elude a law enforcement officer and driving without a valid driver’s license. At sentencing, the State of Florida requested an upward departure from the sentencing guidelines arguing Mr. Booker presented a danger to the public. The trial judge agreed and sentenced Mr. Booker to a four-year prison sentence instead of a non-prison sentence. Mr. Booker appealed to the First District Court of Appeal claiming the trial judge had no authority to increase his punishment without submitting the dangerousness issue to a jury. The First DCA agreed and declared a portion of the state statute authorizing the upward departure unconstitutional, remanded the case for resentencing under the prior version of the sentencing statute and certified a question of great public importance to this Court.

Related Videos