CASPER v. STATE (2020)

District Court of Appeal of Florida, First District.

Kenitra CASPER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-420

Decided: March 11, 2020

Rick A. Sichta, Susanne K. Sichta, and Joseph Hamrick of the Sichta Firm, LLC, Jacksonville, for Appellant. Ashley Moody, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.

Kenitra Casper appeals an order denying her postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the order and remand for resentencing. The trial court is directed to empanel a jury to make the determination of dangerousness, if the State still seeks a finding of dangerousness under section 775.082(10), Florida Statutes. See Gaymon v. State, 288 So.3d 1087, 2020 WL 370251 (Fla. Jan. 23, 2020).

Reversed and Remanded.

Per Curiam.

Rowe, Jay, and M.K. Thomas, JJ., concur.

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