Petition for Writ of Certiorari — Matthew Michael Albritton, Petitioner v. Florida

Supreme Court briefApr 15, 2024

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IN THE SUPREME COURT OF THE UNITED STATES

MA'ITHEW MICHAEL ALBRI'ITON, PETITIONER

STATE OF FLORIDA, RESPONDENT.

ON PETITION FOR A WRIT OF CERTIORARI TO

THE FOURTH DISTRICT COURT OF APPEAL OF FLORIDA

APPENDIX TO PETITION FOR A WRIT OF CERTIORARI

CAREY HAUGHWOUT

Public Defender

Benjamin Hunter Eisenberg

Assistant Public Defender

Counsel of Record

Office of the' Public Defender

Fifteenth Judicial Circuit of Florida

421 Third Street

West Palm Beach, Florida 33401

(561) 355-7600

beisenberg@pdl 5.state.fl. us

appeals@pd15.org

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MATTHEW MICHAEL ALB~TTON,

Appellant,

STATE OF FLORIDA,

Appellee.

No. 4D2022-2138

[January 17, 2024]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.

Lucie County; William L. Roby, Judge; L.T. Case No. 562022CF000547A.

Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Richard Valuntas,

Assistant Attorney General, West Palm Beach, for appellee.

PERCURIAM.

Affirmed. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022).

MAY, CIKLIN and GERBER, JJ., concur.

Not final until disposition of timely filed motion for rehearing.

ISSUE III

APPELLANT WAS ENTITLED TO A TWELVEPERSON JURY UNDER THE SIXTH AND

FOURTEENTH AMENDMENTS AND HE DID

NOT WAIVE THAT RIGHT

Appellant was convicted of felonies by a jury comprised of a

mere six people. He argues that the Sixth and Fourteenth

Amendments guarantee the right to a twelve-person jury when the

defendant is charged with a felony.

Appellant notes that this Court recently decided Guzman v.

State, 350 So. 3d 72 (Fla. 4th DCA 2022), which rejected a

defendant's argument "that his convictions by a six-person jury

violated the Sixth and Fourteenth Amendments to the United States

Constitution." The defendant in Guzman appealed his case to the

Florida Supreme Court and it is still pending a decision on

jurisdiction. See Guzman v. State, SC22-1597.

Appellate attorneys have the obligation to "zealously assert[] the

client's position under the rules of the· adversary system." R.

Regulating Fla. Bar prmbl. As part of this obligation, "[c]ounsel has

the responsibility to make such [arguments] as may be necessary to

keep the defendant's case in an appellate 'pipeline."' Sandoval v.

State, 884 So. 2d 214, 217 n. 1(Fla.2d DCA 2004).

In Jollie v. State, 405 So. 2d 418, 420 (Fla. 1981), the Florida

Supreme Court held it has jurisdiction to review cases decided by a

per curiam affirmance if the decisions in those cases cited to a case

which was pending review in the Supreme Court. See also Wingfield

v. State, 799 So. 2d 1022, 1024 (Fla. 2001) (holding that the Florida

Supreme Court has jurisdiction to review case "on the basis of

express and direct conflict with the decision in Grant, which was

pending review by this Court at the time," citing Jollie).

Appellant requests that this Court act consistent with Jollie in

the instant case by citing to Guzman, given the pendency of that case

at the Florida Supreme Court. As stated in Jollie, "a district court of

appeal per curiam opinion which cites as controlling authority a

decision that is either pending review or has been reversed by this

Court continues to constitute prima facie express conflict and allows

this Court to exercise its jurisdiction." 405 So.2d at 420.

On the merits, although the United States Supreme Court held

in Williams v. Florida, 399 U.S. 78, 86 (1970), thatjuries as small as

six were constitutionally permissible, Williams is impossible to

square with the Supreme Court's ruling in Ramos v. Louisiana, 140

S. Ct. 1390 (2020), which concluded that the Sixth Amendment's

"trial by an impartial jury" requirement encompasses what the term

"meant at the Sixth Amendment's adoption." Id. at 1395.

After the Sixth Amendment was enacted, a bevy of state courts

interpreted it to require a twelve-person jury. See Miller, Comment,

Six of One ls Not A Dozen of the Other, 146 U. Pa. L. Rev. 621, 643

n.133 (1998) (collecting cases from the late 1700s to the 1860s). In

1898, the United States Supreme Court added its voice to the chorus,

noting that the Sixth Amendment protects a defendant's right to be

tried by a twelve-person jury. Thompson v. Utah, 170 U.S. 343, 349350 (1898). The Supreme Court continued to cite the basic principle

that the Sixth Amendment requires a twelve-person jury in criminal

cases for seventy more years. See, e.g., Maxwell v. Dow, 176 U.S. 581,

586 (1900); Patton v. United States, 281 U.S. 276, 288 (1930); Duncan

v. Louisiana, 391 U.S. 145, 151-152 (1968).

In 1970, however, the Williams Court overruled this line of

precedent in a decision that Justice Harlan described as "stripping

off the livery of history from the jury trial" and ignoring both "the

intent of the Framers" and the Court's long held understanding that

constitutional "provisions are framed in the language of the English

common law[] and ... read in the light of its history." Baldwin v. New

York, 399 U.S. 117, 122-123 (1970) (citation omitted) (Harlan, J.,

concurring in the result in Williams). Indeed, Williams recognized that

the Framers "may well" have had "the usual expectation" in drafting

the Sixth Amendment "that the jury would consist of 12" members.

Williams, 399 U.S. at 98-99. But Williams concluded that such

"purely historical considerations" were not dispositive. Id. at 99.

Rather, the Court focused on the "function" that the jury plays in the

Constitution, concluding that the "essential feature" of a jury is it

leaves justice to the "commonsense judgment of a group of laymen"

and thus allows "guilt or innocence" to be determined via "community

participation and [with] shared responsibility." Id. at 100-01.

According to the Williams Court, both "currently available evidence

[and] theory" suggested that function could just as easily be

performed with six jurors as with twelve. Id. at 101-102 & n.48.

Williams's ruling that the Sixth Amendment (as incorporated

to the States by the Fourteenth) permits a six-person jury cannot

stand in light of Ramos. There, the Supreme Court held that the Sixth

Amendment requires a unanimous verdict to convict a defendant of

a senous offense. In reaching that conclusion, the Ramos Court

overturned Apodaca v. Oregon, 406 U.S. 404 (1972), a decision that

it faulted for "subject[ing] the ancient guarantee of a unanimous jury

verdict to its own functionalist assessment." 140 S. Ct. at 1401-1402.

That reasoning undermines Williams as well. Ramos rejected

the same· kind of "cost-benefit analysis" the Court undertook in

Williams, observing that it is not the Court's role to "distinguish

between the historic features of common law jury trials that (we

think) serve 'important enough functions to migrate silently into the

Sixth Amendment and those that don't."' 140 S. Ct. at 1400-01.

Ultimately, the Ramos Court explained, the question is whether "at

the time of the Sixth Amendment's adoption, the right to trial by jury

included" the particular feature at issue. Id. at 1402. As the history

summarized above establishes, there can be no serious doubt that

the common understanding of the jury trial during the Revolutionary

War era was that twelve jurors were required. See 140 S. Ct. at 1395.

Even setting aside Williams's now-disfavored functionalist logic,

its ruling suffered from another significant flaw: it was based on

research that was out of date shortly after the opinion issued.

Specifically, the Williams Court "f[ou]nd little reason to think" that

the goals of the jury guarantee-including, among others, "to pro~ide

a fair possibility for obtaining a representative[] cross-section of the

community"-"are in any meaningful sense less likely to be achieved

when the jury numbers six, than when it numbers 12." Id. at 100.

The Court theorized that "in practice the difference between the 12man and the six-man jury in terms of the cross-section of the

community represented seems likely to be negligible." Id. at 102.

In the time since Williams, that determination has proven

incorrect. Indeed, the Court acknowledged as much just eight years

later in Ballew v. Georgia, 435 U.S. 223 (1978), when it concluded

that the Sixth Amendment barred the use of a five-person jury.

Although Ballew did not overturn Williams, the . Ballew Court

observed that empirical studies conducted in the handful of

intervening years highlighted several problems with

Williams'

assumptions. Moreover, the Ballew Court "admit[ted]" that it "d[id]

not pretend to discern a clear line between six members and five,"

effectively acknowledging that the studies it relied on also cast doubt

on the effectiveness of the six-member jury. Id. at 239.

Post-Ballew research

has

further

undermined

Williams.

Current empirical evidence indicates that "reducing jury size

inevitably has a drastic effect on the representation of minority group

members on the jury." Diamond et al., Achieving Diversity on the

Jury: Jury Size and the Peremptory Challenge, 6 J. of Empirical Legal

Stud. 425, 427 (Sept. 2009); see also Higginbotham et al., Better by

the Dozen: Bringing Back the Twelve-Person Civil Jury,

104

Judicature 47, 52 (Summer 2020). Because "the 12-member jury

produces significantly greater heterogeneity than does the sixmember jury," Diamond et al., Achieving Diversity on the Jury, supra,

at 449, it increases "the opportunity for meaningful and appropriate

representation" and helps ensure that juries "represent adequately a

cross-section of the community." Ballew, 435 U.S. at 237.

Appellant recognizes that the state constitution provides:

SECTION 22. Trial by jury.-The right of trial by jury shall

be secure to all and remain inviolate. The qualifications

and the number of jurors, not fewer than six, shall be fixed

bylaw.

Art. I,§ 22, Fla. Const. And he recognizes that section 913.10, Florida

Statutes, provides for six jurors except in capital cases. See also Fla.

R. Crim. P. 3.270.

But Florida's provision for a jury of six stems from the dawn of

the Jim Crow era, one month after federal troops were withdrawn

from the state. In 1875, the Jury Clause of the 1868 constitution was

amended to provide that the number of jurors "for the trial of causes

in any court may be fixed by law." See Florida Fertilizer & Mfg. Co. v.

Boswell, 34 So. 241, 241 (Fla. 1903).The common law rule of a jury

of twelve was still kept in Florida while federal troops remained in the

state. There was no provision for a jury of less than twelve until the

Legislature enacted a provision specifying a jury of six in Chapter

3010, section 6. See Gibson v. State, 16 Fla. 291, 297-98 (1877);

Florida Fertilizer, 34 So. 15 241.

The Legislature enacted chapter 3010 with the jury-of-six

provision on February 17, 1877. Gibson, 16 Fla. 294. This was less

than a month after the last federal troops were withdrawn from

Florida in January 1877. See Jerrell H. Shofner, Reconstruction and

Renewal, 1865-1877, in The History of Florida 273 (Michael Gannon,

ed., first paperback edition 2018). The jury-of-six thus first saw light

at the birth of the Jim Crow era as former Confederates regained

power in southern states and state prosecutors made a concerted

effort to prevent blacks from serving on jurors.

In Ramos, Justice Gorsuch noted that the Louisiana nonunanimity rule arose from Jim Crow era efforts to enforce white

supremacy. Id. at 1394; see also id. at 1417 (Kavanaugh, J.,

concurring)

(non-unanimity was enacted "as one pillar of a

comprehensive and brutal program of racist Jim Crow measures

against African-Americans, especially in voting and jury service.").

The history of Florida's jury of six arises from the same historical

context.

In view of the foregoing, a jury of six at a criminal trial for any

felony offense, particularly a crime punishable by up to life

imprisonment, is unconstitutional under the Sixth and Fourteenth

Amendments of the United States Constitution.

CONCLUSION

Based on the foregoing arguments and authorities, undersigned

counsel requests this Court reverse and remand for a new trial on all

counts or, alternatively, a de novo resentencing.

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

IN THE CIRCUIT/COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND F<;JR ST LUCIE COUNTY, FLORIDA

Modified

Resentence

-. Amended

Corrected

Mitigated

Community Control Violator

Probation Violator

Case Number:

562022CF000547AXXXXX

STATE OF FLORIDA

-vs-

Sexual Predator

MATTHEW MICHAEL ALBRITTON

Sex Offender

Defendant

Minor Victim

Sentenced In Absentia

~~~'-<.~!f~".-~~.l'a~N~'>~~~

"A..~~.a:... , _»»-~·· _=-::n-··•t _ ~~~

_ ~r

The Defendant, MATTHEW MICHAEL ALBRITTON being personally before this Court

represented by Attorney PATRICK EMERSON MACRAE, the Attorney of record, and the State

represented by JUSTIN THOMAS MILLER, and having:

been trjed and found quj!tv by .Jurv of the following crimeCsl.

entered a plea of guilty to the following crime(s).

entered a plea of nolo contendere to the fotlawlng crlme(s)

Admitted Violation of Probation

Found Guilty of Violation of Probation

Admitted a Violation of Community Control

Found Guilty of Violation of Community Control

cOunt

Offense Statute

Number(s)

Crime

Level/

Degree

OBTS

Number

POSSESSION OF FENTANYL

SALE, DELIVERY OR POSSESSION WITH INTENT

TO SELL OR DEUVER FENTANYL

893.13(6)(A)

893.13(1)(A)1

F-3

F-2

5601272798

UNLAWFUL USE OF A TWO-WAY

COMMUNICATIONS DEVICE

934.215

F-3

5601272798

SALE, DELIVERY, OR POSSESSION WITH INTENT

TO SELL OR DELIVER FENTANYL

893.13(1J(A)1

F-2

5601272792

POSSESSION OF FENTANYL

UNLAWFUL USE OF A TWO-WAY

COMMUNICATIONS DEVICE

893.13(6J(A)

934.215

F-3

5601272792

and no cause being shown Wfiy the defendagt sh9uld n9t bf! adiudjgt@d guj!tv rr JS OBDEREQ WAT

the defendant ls hereby ADJUDICATED GUILTY qt the aboye ctlme(s). • AS TO COUNTisl 1. 2 :ii 4 5. 6

CA/KEB/DC

Page 1 of2

DOC

SL Lucie County File Date: 0712112022 15:58 PM

178

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

and befog ft gupllfled otrendqr PLIOY9"' tg flgpda StabU@ 943.325 • omndent 1ball be reqylmd to

submft QNA samples as ?3quti;mt by lpw

and good cause being shown; IT JS ORDERED THAT AQJUDICATION OF GUILT BE WITHHEW.

CA/KEB/DC

DDC

Page 2 of2

SL Lucie County File Date: 0712112022 15:58 PM

179

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

CASE NUMBER

2022CF000547 A

the Defendant in open Court was advised of the right to appeal from this Sentence by filing notice of appeal

within 30 days from this date with the Clerk of this Court and the Oefendanrs right to the assistance of counsel in

~~ing the appeal at the expense of the State on showing of indigency.

Circuit Judge

7. Left lhd.e~ ..•

6. Left Thumb

Fingerprints taken by:

WILLIAM L ROBY

R' Pr r 1-z.... ~ if CJ ci I

S,L, $," 0

~---~~~---.,~-N-a_m_e~~---~~~~

I HEARBY CERTIFY that lhe above and forgoing fingerprints are the fingerprints of the Defendant - - - - _MA_TI_H_EW

M_IC_HA

E_L_A_L_B_R_l:rr_o_N_ _ _ _ _ _ _ _ and that they were placed thereon by said Defendant in my

presence in open Court this date.

DONE AND ORDERED in Open Court at St. Lucie County, Florida, on

Monday, July 18, 2022

Nunc Pro Tune To:

Circuit Judge WILLIAM L ROBY

St Lucie County File Date: 0712112022 15:58 PM

180

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation, Pn::viousty AdjucJged puil!}'

Violation ofCommqnity Control, Prcviou,.sly Adjudged Guilty

Resentenced

Modified

Amended

Mitigated

Case Number

562022CF000547AXXXXX

OBTS Number

5601272798

Com:ctcd

Defendant

MATTHEW MICHAEL ALBR.ITTON

·.;;··.

(As to Count I )

The Defendant, being personally before this Court. accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters-in mitigation of sentence, and to show cause why the Defense should not be sentenced as

provided by Jaw, and no cause being shown

and the Court having o n _ deferred imposition of sentence until this date.

_,· and the Court having previously entered a judgment in this case on _ _ now resentence the Defendant

_and the Court having placed the Defendant on _ _ _ _ _ _ _ and having subsequently

revoked the Defendant's _________

It Is The Sentence Of C<1urt that:.

_ The defendant pay a fine of ___ pursuant to section 775.083, Florida Statutes, plus ___ as the 5% surcharge

required on 938.04, Florida Statutes.

X The Defendant ls hereby committed to the custody of the Department of Corrections.

_The Defendant is hereby committed to the cust~dy of the Sheriff of St. Lucie County 'Florida.

_The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are Inapplicable.):

For a term of Natural Life.

For a tenn of Natural Life with a 25 year mandatory minimum

X For a term of 25.00 MONTH(S>

_The SENTENCE IS SUSPENDED for a period of _ _ subject to conditions set fonh in this Order.

lf'split' sentence complete the

appropriate Paragraph.

Followed by a period of ~on Community Control under the supervision of the

Department of Corrections according to the terms and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to the terms and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in PRlSON, the balance of the

sentence will be suspended and the Defendant will be on Probation/Community Control

under the supervision of the Department of ~orm:tions according to the terms and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the supervision terms.

Page 1 of 13

St. Lucie County File Date: 07/21/2022 15:58 PM

181

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547 AXXXXX

SPECIAL PROVISIONS

(As to Count I)

By appropriate notation, the following provisions apply to the sentence imposed

Mandatory/ Minimum Provisions:

Finonn

Drug Trafficiing

It is furtherordcrN that the

minimwn imprisonment provisions of section 775.087, Florida

Statutes, is hereby imposed for the sentence specified in this counl

It is fwtherorderm that the___ minimum imprisonment provisions of section 893.135, Florida Stntutes, is

hereby imposed for the sentence specified in this court, and that the Defendant pay a fine ofS__, ptmuant to section

893. IJS, Florida Statutes, plus S_llS a S% surcharge,

It is further ordcn:d that the _ _ _ minimwn mlllldatory imprisonment provision of section 784.07, Florida

Statutes, is htreby imp!J!ed for the smtezice specified in this counl

It is further ordered that the 3 year minimum imprisonment provision of section 893.13(\)(c), Florida

Statutes, is hereby imposed for the sentence in this counl

Controlled S11bstance

Within J,OOOFett

Habitual Felony OffUllkr

The Defendant is adjudicated a habitual felony offender and has been sentenced to an extended

term in accon;fance with the provisions of section 77S.084(4Xa). Florida Statutes. The requisite findings

by the Coun are set forth in a separate order or stated on the record in open cowt

Habitual Yiolml FtlOllJ'

The Defendant is adjudicated a habitual violent felony offender and has been sentenced to an

extended term in accordance with the provisions of sections 77S.084(4)(b), Florida Statutes. A minimum

twn of _ _ _ year(s) must bcscrvalpriorto release. The requisite findings oftheCourtareset forth

in a separate ordc:r as stated on the record in open court..

J'iof1111 Canu Crimillfll

The Oefendant is adjudicattd a violent career criminal and has been sentenced to an extended term in

accordance with the provisions ~fsection 775.084(4)(d). Florida Statutes, A minimwn of _ _ _ must be served

prior co release. The requisite findings of the Court as set forth in a separate order or seated on

the record in open court. (For crimes committed on or after May 24, 1997 .)

Capiral Ojferut

It is further that the Defendant shall sem: no less than 2S years in accordance with provisions of section

775.082(1), Florida Stntutcs. (For first degree murder committed prior to May 25, 1994, and for any other capital

felony committed prior to October 1, 1995.)

Prison Re!tastf!

Defendant is adjudged a prison relcascc reoffcnder in accordance with the provision of section nS.082(9). FLSl::l.tutcs.

SUJJiJI Pl'Nator

Defendant ill adjudged a sexual predator in accordance with provision of section 775.21, Flo(ida Statutes.

Other Provisions:

Jail Credit

Cl'f!dll for 7lme ~rved

It b fut'lhe.rgrderrd 1hat the D!fli'lldant shall bsano..-td A fol9Tor ZERO DAYS

lncan:e.nted before lmposl69n ofthls untentt.

ascrrdit for time

It is funher ordered that the Defendant be allowed _ _ days time served between date of arrest

as a violator following Release from prison to the date ofrescntcncing. The Deparunent of Corrections

shall apply original jail time credit and shall compute and apply credit for time served and unforfeited gain time

previously awarded on case/counc _ _ _ (Offenses committed before October I, 1989)

in Rumrtneing After

Yiolation ofProbalion or

Conmnmiiy COll!ro/

It is further ordered that the Defendant be aUowe4 _ _ days time seTVed between date or arrest as a violator

following release from prison to the date ofresentenCing. The Department ofConection shall apply original jail time

m:dit and shall compute and apply credit for time served on case/count

(Offenses committed between October 1, 1989, and December JI, 19113)

The Court deems the unforfeited gain time previously awarded on the above case/count forfeited

under section 948.06(6). Florida Swutes.

The Court allows unforfeitcd gain time previously awarded on the above case/count. (Gain time may be subject

to forfciNRl by the Department of Corrections under section 944.28(1)), Florida Sl!ltutcs.

It is further ordered that the Defendant be allowed

time served between date of arrest as a violator following

release from prison to the date Ofl"e$Cntcncing. The Department of Corrections shall apply original jail time credit and

shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on casd count.

(Offenses committed on or after January I, 1994)

Coruecutilld Conauruit

AJ 7b Other COU1lt"

Ith further ordettd that the.vnfense I m - ror thb count ~hall run CONSEamvE with the sentence set

f()rth In ~pnl 4 oft~Rme,

Page 2of13

SL Lucie County File Date: 07/2112022 15:58 PM

182

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation, Previously Adjudged Guilty

Violation of Community Contt<?I• Previously Adjudged Guilty

Rescntenccd

Modified

Amended

Mitigated

Com:ctcd

Defendant

Case Number

OBTS Number

562022CF000547AXXXXX

5601272798

MATTHEW MICHAEL ALBRITTON

.·

(As to Count 2 )

The Defendant, being personally before this Court, accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters in mitigation of sentence, and tQ show cause why the Defense should not be sentenced as

provided by law, and no cause being shown

and the Court having on _ _ deferred imposition of sentence until this date.

_and dte Court having previously entered a judgment in this case on _ _ now resentence the Defendant

_and the Court having placed the Defendant on - - - - - - - a n d having subsequently

revoked the Defendant's-----~---·

It Is The Sentence Of Court that:

_The defendant pay a fine of-----.- pursuant to section 775.083, Florida Statutes, plus ___ as the So/o surcharge

required on 938.04, Florida Statutes.

X The Defendant Is hereby committed to the custgdy of' the Department of Corrections.

_The Defendant is hereb~ committed to the custody of the Sheriff of St Lucic County Florida.

_ The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are Inapplicable_.):

For a term ofNatural Life.

For a tenn of Natural Life with a 25 year mandatory minimum

X For a term of 61.00 MONTH(Sl

_The SENTENCE IS SUSPENDED for a period of ___ subject to conditions set forth in this Order.

Jf'split' sentence complete the

appropriate Paragraph.

Followed by a period of _ _ on Community Control under the supervision of the

Department of Corrections according to the terms and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to the tenns and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in PRISON, the balance of the

sentence will be suspended and the Defendant will be on Probation/Community Control

under the supervision of the Department of Corrections according to the tenns and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the supervision terms.

Page 3of13

St. Lucie County File Date: 0712112022 15:58 PM

183

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547 AXXXXX

SPECIAL PROVISIONS

(As to Count 2)

By appropriate notation, the following provisions apply to the sentence imposed

Mandatory/ Minimum Provisions:

Finarm

It is further oniemt that the

minimum imprisonment provisions of section 71S.OS7, Florida

Statutes, is hereby imposed for the sentence specified in this count

II is fln'(hcr ordered that the

minimum imprisonment provisions of section 893.135, Florida Statutes, is

hereby imposed for the sentence specified in thi5 court, and that the Oefcndw pay a fine ofS__, punuant lO section

893.135, Florida Sratutes, plus S_ as a S%surcharge.

Dnig 'Ti'afficting

11 is further ordered that the

minimum mandatory imprisonment provision of section 784.07, Florida

Slalutes, is hereby imposed for the sen~ specified in this counL

Ctmrralltd SJlbsranct

Wtlhin J,000 Fttl of

It is further ordered that lhe 3 year minimum imprisonment provision of section 893.13(1Xc), Florida

.,.......... Statutes, is hereby imposed for the sentence in this count.

Habitual Ftlarry Offender

The Defendant is adjudicated a habitual felony offender and has been sentenced lo an extended

term in acccmj,ance with the provisions of section 775.084(4)(a). Aqrida Statutes. The req11isite findings

by the Caun arc set forth in a sepmate order or stated on the record in open court.

Habiff/DJ lioltnt Felony

The Defendant is adjudicated a habitual violent felony offender and has been sentenced t.o an

extended tenn in accordance with the provisions of sections 77S.084(4)(b), Florida StatuteS. A minimum

term of _ _ _ year(s) must be served prior to release. The requisite findings of the Court are set forth

in a separate order as stated on the record in open court

Jliolent Oznu Crimlnal

The Oefendant is adjudicated a violent career aiminal and has been saitenccd to an extended term in

acoordancewil:h the provisions of section 775.084(4)(d), Aorfda Statutes, A minimum of _ _ _ must be served

prior to rele!ISe. The requisite findings oflhe Court as set forth in a separate order or stated on

the record in open court. (For crimes committed on or after May 24, 1997,)

Capitol Offense

It is further that the Defendant shall serve no lcss than 25 years in accordance with provisions of section

775.082(1). Florida Starutes. (For first degree murder committed prior to May 25, 1994, and for Any other capital

felony committ=S prior to October 1, 1995.)

Prison R.lleastt

Sal/QI Predator

Other Provisions:

Jail Credit

CIT!dit for 1lm11 Senied

in R1Jtniencing After

Jliolation of Probation or

Communiry Control

Defendant is adjudged a prison releiuee reoffendcr in accordance with the provision of section 775.082(9), FL Statutes.

Defendant is adjudged a sexual predator in accordance with provision of section 775.21, Aorida Statutes.

It b further ordered that the Defendant sbaTI be allowst a tot•I or 161 DA.Y!Sl

u mdlt for tfme incan:enttd ~fore Imposition of this sen~ce.

It is fwther ordered that the Oefendantbeallovml _ _ days time served between date ofa.m:st

as a violalor following Release from prison to the date ofresentencing. The Department of Corrections

shall apply original j8il time credit and shall compute and apply credit for time served and unforfeited gain time

previously awarded on case/count _ _ _ (Offenses committed before October I, 1989)

It is further ordered tha1 the Defendant be allowed _ _ days time served between date or arrest as 11 violator

following relea.se from prison to the date ofrcsentcncing. The Department of Correction shall apply original jail time

credit and shall compute and apply credit for time served on case/count

{Offenses committed between October\, 1989, and December31, 1993)

The Coun deems the unfoifeited gain time previously awarded on the above CllSC/count foifeilcd

under section 948.06{6), Florida Statutes.

The Coun allows unforfeitcd gain time p~iously awarded on the above case/counL (Gain time may be subject

to forfeiture by the Department of Corrections under section 944.28(1)), Florida Stntutcs.

It is funher ordered that the Defendant be allowed _ _ time served between date of arrest as a violator following

release from prison lo the date ofrcscntcncing. The Oepanment ofContetions shall apply original jail time credit and

shall compute and apply credit for time served only pursuant to section 92\.0017, Florida Statutes, on casr:J count.

(Offenscscommittedonoraf\erJanuary I, 1994)

COlfS«Vtnd Conaurm1

As To Othtr Coimu

It is further ordered that the sentence imposed for this coum shall run _ _ with the sentence set forth in count _ _

ofthisc:asc.

Page4of13

St Lucie County File Date: 07121/2022 15:58 PM

184

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation, Previously Adjudged Guilty

Violation of Community Control, Previously Adjudged Guilty

Resentenced

Modified

Amended

Mitigated

Co=oted

Defendant

Case Number

562022CF000547AXXXXX

OBTS Number

5601272798

MATTHEW MICHAEL ALBRITION

• -;..! '

(As to Count 3 )

The Defendant, being personally before this Court, accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters in mitigation of sentence, and to show cause why the Defense should not be sentenced as

provided by law, and no cause being shown

and the Court having on _ _ deferred imposition of sentence until this date.

and the Court having previously entered a judgment in this case on _ _ now resentence the Defendant.

_and the Court having placed the Defendant o n - - - - - - - and having subsequently

revoked the Defendant's _ _ _ _ _ _ _ _ _.

It Is The Sentence Of Court that:

_ The defendant pay a fine of ___ pursuant to section 775.083, Florida Statutes, plus ___ as the 5o/o surcharge

required o.n 938.04, Florida Statutes.

_The Defendant is hereby committed to the custody of the Department of Corrections.

_ The Defendant is hereby committed to the custody of the Sheriff of St. Lucie County Florida.

_ The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are ln11pplicable.):

For a tenn of Natural Life.

For a tenn of Natural Life with a 25 year mandatory minimum

X For a term of 25.00 l\.IONTHCSl

_The SENTENCE JS SUSPENDED for a period of ___ subject to conditions set forth in this Order.

If 'split' sentence complete the

appropriate Paragraph.

Followed by a period of _ _ on Community Control under the supervision of the

Department of Corrections according to the terms and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to the terms and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in OTHER DIV, the balance of

the sentence will be suspended and the Defendant will be on Probation/Community

Control under the supervision of the Department of Corrections according to the terms and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the supervision terms.

Page 5of13

SL Lucie County File Date: 0712112022 15:58 PM

185

MATIHEW MICHAELALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547AXXXXX

SPECIAL PROVISIONS

(As to <;011Dt l)

By appropriate notation, the following provisions apply to the sentence imposed

Mandatory/ Minimum Provi~ions:

Fireann

II is funh~r Qrdered that the

minimum imptisonmenc provisions of section 775.087, Florida

Statutes, is hereby imp9scd for the sentence sp~ified in this count

Df11B Trafficlcing

It is fiJrther ordered that the

minimum imprisqnment provisions of section 893. !3S, Florida Statutes. is

hereby impose4 fer the sentence !pecified in lhis court, and that the Defendant pay a fine ofS___. pursuMt to section

g93.1:3S, Florida Statut~. plus S_ as a 5% surcharge.

Law Enfarctmtnt

It is funher ordered that the

minimum mandate!)' imprisonment provision ofsec1ion 784.07, Florida

Statutes, i5 h~reby imposed for 1he sencence specified in this count

Conrro!ltd Sub.Jtance

Within 1,000 Fu1 of

It is funher ordered that the 3 year minimum imprisonment provision of section g93.l 3(1 )(c), Florida

Statutes, is hereby imposed for the sentence in this count

Habiruol Felorry Offend"

The Defendant is adjudicated a habitual fi;1ony offen~er and has been sentenced to an extended

term in accordance with the provisions of section 775.084{4)(a). Florida Statutes. The requisite findings

by the Coun are set forth in a separate order or stated on the record in open court.

Habiwal VJCJ!enr Feforry

The Di;fendanl is adjudicated a habitual violent felony offender and has been smtenced to an

eittended term in ai;cordance with the provisions of sections 775.084(4)(b), Florida Sw."tutes. A minimum

term of _ _ _ year(s) must be served prior to release. The requisite findings of the Court are set forth

in a separate order as stated on the record in open coult.

Vlolenr Carter Criminal

The Defendant 15 adjudicated a viol en I career criminal and has been sentenctd to an Clltended tern\ in

accordance with the pl"(lvisions of sea ion 775.084(4Xd), Flurida Statutes, A minimum of _ _ _ must be served

prior to release. The requisite findings of the Court !Ill set forth in a separate order or stated on

the record in open court. (For crimes committed on or after May 24, 1997.)

Capital Ojftlf.Jt

It U further that the Defendant shall serve no less than 25 years in a~rdance with provisions of section

775.082(1), Florida Statvtes. (For fint d~ murder committed prior to May 25. 1994, and for any other capital

felony committed prior to October \, 1995.)

Prison P.eleo:ree

Defendant is adjudged a prison releasee reoffender in accordance with the provision of section 775.082(9), FL Statutes.

SnllDI PrtdOJor

Defendant is adjudged a sexual predator in accordance with pl"(lvision of section 775.21, Florida Statutes.

Other Provisions:

Jail Credit

Credit f()r 7imt Served

II is further ordered that the Defendant be allowed _ _ days time served between date of arrest

as a violstor following Release from prison to lhe date of resentencing.. The Department of Corrections

•

shall apply original jail time credit and shall compute and apply i;redit for time served and unforfeited gain lime

previously awarded on case/count ____ (Offenses committed before October I, 1989)

in Resenrtncing After

Violation ofProbation or

Community Control

It is further ordered Iha! the Defendant be allowed _ _ days time served belwCCn date or arrest as a viol11.tcr

following release from prison to the date ofresentencing. The Department of Correction shall apply original jail lime

credit and shall compute and apply credit for time served on casc/count

(Offenses committed between October I, 1989, and December 31, 1993)

The Court deems the unforfeited gain lime previously awarded on the above case/count forfeited

under section 94g.Q6(6), Florida Starutes.

The Coun allows unforfeited gain time previously awarded on the above case/count. (Gain time may be subject

to forfeiture by the Department of Corrections under section 944 2g(I )), Florida Statutes.

It is further ordered that the Defendant be allowed _ _ time served between date of arrest as a violator following

release fl"(lm prison to lhe date ofresentencing. The Depanment ofCorr~ions shall apply original jail time credit and

shall compute and apply credit for time served only purs11ant to section 921.0017, Florida Statutes, on case/ coun1.

(Offenses committed on or after January I, 1994)

Constcutivel Concurnnt

As To Other Counu

It 11 furtherordertd that the sententt lmeo1ed for this roun1 shall nin CONCURRENT with !he xntrncs !d

forth In count 1 of thb sau;

I•

Page 6of13

St Lucie County File Date: 0712112022 15:58 PM

186

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation, Previously Adjudged Guilty

Violation ofCommunity Control, Previously Adjudged Guilty

Rescntcnccd

Modified

Amended

Mi Ligated

Corrected

Defendant

Case Number

562022CF000547AXXXXX

OBTS Number

5601272792

MATTHEW MICHAEL ALBRITTON

.~/ .~"~ ·~'

...t

(All to Count 4)

The Defendant, being personaJly before this Court, accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters in mitigation of sentence, and to show cause why the Defense should not be sentenced as

provided by law, and no cause being shown

and the Court having on _ _ deferred imposition of sentence until this date.

_and the Court having previously entered a judgment in this case on _ _ now resentence the Defendant.

and the Court having placed the Defendant on _ _ _ _ _ _ _ and having subsequently

revoked the Defendant's _ _ _ _ _ _ _ _ _.

It Is The Sentence Of Court that:

_The defendant pay a fine of ___ pursuant to section 775.083, Florida Statutes, plus ___ as the 5% surcharge

required on 938.04, Florida Statutes.

X The Defendant is hereby committed to the custody of the Department of Corrections.

_The Defendant is hereby committed to the custody of the Sheriff of St. Lucie County Florida.

_ The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are Inapplicable.):

For a term ofNatural Life.

For a term ofNatural Life with a 2S year mandatory minimum

X For a term of 61.00 MONTHCSl

The SENTENCE IS SUSPENDED for a period of _ _ subject to conditions set forth in this Order.

lf'split' sentence complete the

appropriate Paragraph.

Followed by a period of _ _ on Community Control under the supervision of the

Department of Corrections according to the terms and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to the tenns and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in PRISON, the balance of the

sentence will be suspended and the Defendant will be on Probation/Community Control

under the supervision of the Department of Corrections according to the terms and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the supervision terms.

Page 7of13

St. Lucie County File Date: 0712112022 15:58 PM

187

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547 AXXXXX

SPECil\L PROVISIONS

(As to <;ount 4)

By appropriate notation, the following prQvisions apply to the sentence imposed

Mandatory/ Minimum Provisions:

Fitrann

It is funhcr ordere4 that the _ _ _ minimum imprisQnmcnt provisions of section 775.087, Florida

Statutes, is hereby imposed for the scntmi;e 5pecified in Ibis counL

II is further ordem;j that the...,....._ minimum imprisonment provisions of section 893.135, Florida Statutes. is

hcrctiy imposed for the sentence spccifictJ, in this court, and that the Defem;lant pay a fine ors__. pursuant to section

893.135, Flori~a Statutes, plus ~-as a 5% s!.!rcharce.

It is fiuthcr ordero;I that the _ _ _ minimum manda1ery imprisonment provision ofseaion 784.07, Florida

law Enfarcemu:J

Statutes, is hereby hnposcd for the sentence spccifiW in this count

It is further ordered that the 3 year minimum imprisonment provision of section 893.13(\)(c), Florida

Statutes, is hereby imposed for the sentence in this count.

Convolled Sidi:sr=t

Within 1,000 Feet

Habitual FdDrry Offender

The Defendant~ adjudicated a habitual felony offender and has been $el'ltenoed to 1111 extended

tcnn in accortJance with the provisions of section 77S.084(4)(a). Florida Statutes. The requisite findings

by the Court are set forth in a separate order or stned on the record in open court.

Habituol lliolt11t Fe/oey

The Oe_fcndanl is adjudicated a habitual violent felony offender and has been sentenced to an

extended term in accordance wilh the provisions ofsectiqns 77S.084(4)(b), Florida Statutes. A minimum

term of

year(s) mutt be se~ Prior to release. The requisite findings of the Coun are set forth

in a separate order as stated on the m::ord in open coun.

Yio/em Career CrlminDI

The Defendant is adjudicated a violentClieer criminal and has been sentenced to an extended tam in

accordance with the provisiOns of~ nS.084{4)(d). Florida Statutes, A minimum of _ _ _

prior to release:. The requisite findings oflhe Court as set fonh in a sepa'rate order or stated on

the record in open court. (For crimes committed on or after May 24, 1997.)

mustbescivcd

It is further that the Defendant shall serve no less lhan 25 years in accordaMe with provisions of section

Capilal Offense

775.082(1), Florida Statutes. (For first ~gree murder committed prior to May 2S, 1994, and for any other C3pital

felony committed prior to Ocrober 1, 1995.)

Prisolf Releasu

Defendant is adjudged a prison rel~ reoffender in accordance with the provision of section 775.082(9). FL Statutes.

Suual PrtdaJ.or

Defendant is adjudged a sexual predator In accordance with provision of section 775.21, Florida Statutes.

Other Provisions:

Jail Credit

Credit for 11me Servtd

It I! fortberordettd lh.af lhc Oefrnd1nl 1h11l be allowed a total of ZERO DAYS

ioi:arqniled before 1ine21l~n Or this untmce.

H emf It fgr llmt

It is further ordered that the Defendant be allowed

days time served between date of arrest

as a violator following Release from prison to the date ofresentencing. The Dtparunent of Corrections

shall apply original jail time credit and shall compute and apply credit for time wved and unforfeited gain time

previously awarded on cue/cqunt _..........(Offenses committed before October 1, 1989)

in Resemmcing After

lliolatiCHI ofProbarion or

Community Control

It is f1,1rther ordered that the Defendant be ellowtd _ _ days time serv~ between date or arrest a:s a violator

following release from prison to lhe date ofresentcncing. The Department of Correction shall apply original jail time

credit and shell compute and apply credit for time served on case/count

{Offenses committed between October I, 1989, and December 31. 1993)

The Court deems the unforfeited gain time previously awarded on the above case/count forfeited

under section 948.06(6), Florida Stetutes.

The Court ellows unforfeited gain tirru:: previously awarded on the above case'count. (Gain time may be subject

to forfeiture by the Oepartmenl of Corrections under section 944.28{1 )). Florida St.atutes.

It is further ordered that the Oefendan1 be allowed _ _ time served between date of arrest as a violator following

release from prison to the date ofresenlcncing. The Depanment of Corrections shall apply original jail time credit and

shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on easel count.

(Offenses committed on or after Janllaf)' I. 1994)

COIU~tive/Cot?C111'N!nt

A~ 10 Othu C.OW!ls

It b ru her ordered that the sentence Im

r. rth In unt

ftb

z·

ed r. r this count hl'll run

JVE with the untence ~

Page 8of13

St. Lucie County File Date: 0712112022 15:58 PM

188

MATIHEW MICHAEL ALBRITION vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation, Previously Adjudged Guilty

Violation of Community Control, Previously Adjudged Guilty

Resentcnced

Modified

Amended

Mitigated

Corrected

Defendant

Case Number

562022CF000547AXXXXX

OBTS Number

5601272792

MATTHEW MICHAEL ALBRITTON

SENTENCE,.(As to Count 5 )

The Defendant, being personally before this Court, accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters in mitigation of sentence, and to show cause why the Defense should not be sentenced as

provided by law, and no cause being shown

and the Court having on _ _ deferred imposition of sentence until this date.

and the Court having previously entered a judgment in this case on _ _ now resentence the Defendant.

and the Court having placed the Defendant o n - - - - - - - and having subsequently

revoked the Defendant's _ _ _ _ _ _ _ _ _.

It Is The Sentence Of Court that:

_The defendant pay a fine of _ _ _ pursuant to section 775.083, Florida Statutes, plus _ _ _ as the 5% surcharge

required on 938.04, Florida Statutes.

X The Defendant is hereby committed to the custody of the Department of Corrections.

The Defendant is hereby committed to the custody of the Sheriff of St. Lucie County Florida.

The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unm::arked sections are Inapplicable.):

For a term ofNatural Life.

For a term of Natural Life with a 25 year mandatory minimum

X For a term or 25.00 MONTHCSl

_The SENTENCE IS SUSPENDED for a period of _ _ _ subject to conditions set forth in this Order.

If 'split' sentence complete the

appropriate Paragraph.

Followed by a period of _ _ on Community Control under the supervision of the

Department of Corrections according to the terms and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to the terms and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in PRISON, the balance of the

sentence will be suspended and the Defendant will be on Probation/Community Control

under the supervision of the Department of Corrections according to the terms and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the supervision terms.

Page9of13

SL Lucie County File Date: 07/2112022 15:58 PM

189

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547 AX XX XX

SPECIAL PRQ\'ISIONS

(As to Count 5)

By appropriate notation, the following provisions apply to the sentenc;e imposed

Mandatory/ Minimum Provisions:

Firearm

It is further ordered that the _ _ _ minimum imprisonmeJlt provisions of section 775.087, Florida

Sta):Utes, is hereby imposed for the sentence specified in thi' counL

DrugTrcrfficking

It is further ordered that the___ minimum imprisonment provisions of section 893.135, Florida Statutes. is

hereby imposed for the sentence specified in this court, and that the Defendant pay a fine ofS___, punuant to section

893.135, Florida Statutes, plus S_ a:i a 5% surcharge.

Law En/OtWnmJ

It is further ordQ'Cd that the _ _ _ minimwn mandatol)' imprisonment prnvi!ion of section 7S4.07, Florida

Statutes, is hereby imposed for the sentence specified in this counl

ControUed Sub.Jtance

Within J,000 Fen of

It is further ordered that the 3 year minimum imprisonment provision of section 893.13(1 Xe), Florida

Statutes, is hereby imposed for the sentence in thi5 count.

The Defendant is adjudicated a habitual felony offender and has been sentenced to an cxtcnded

Habitual Felony Offender

term in accordance with !he provisions of section 775.0&4(4}(a), Florida Statutes. The requisite findings

by the Coun arc set forth in a separate order or stated on the record in open court.

Habitwl Vwll111 Frlcmy

The Defendant is adjudicated a habitual violent felony offender and has been sentenced to an

ext_ended term in accordance with the provisions of sections 77S.084(4)(b). Florida Statutes. A minimum

<onn or ___ ycar(s) must be served prior to release. The requisite findings of the Court are set forth

in a separate order as stated on the record in open coun.

Via/em Caner Criminal

The Defendant is adjudicated a violent career criminal and has been senlellced to an extended term in

accordance with the provisions of section 77S.084(4Xd), Florida Statutes, A minimum of _ _ _ must be served

prior to release. The requisite findings oflhe Court as set forth in a separate order or stated on

the record in open court. (For crimes committed on or after May 24, 1997.)

CapiJal Offense

It is further that the l)cfendam shall serve no less than 2S years in accordance with provisions ofse.ction

ns.082(1). Florida Statutes. (For fim degree murder committed priortD Msy 25, 1994, and for any othercapiui.I

felony committed prior to October 1. 1995.)

Pri.son Releus1e

Defendant is adjudged a prison relcnsee reoffcndcr in accordance with the provision of section 775.082(9). FL StabJtes.

Oefcndanl is adjudged a sexual p~tor in 11ccordance with provision of section 775.21, Florida Stab.Ito,

Other Provisioos:

Jail Credit

(t l!f [Urtherorderpd that !he Deftnd1nr 1h11l be 11llowtd a 1011.l or

ZERO DAYS

ascmlll fortimt

lnan;entfd befprr lmoos!tfon oftt';!t 5tnlencir..

Crrditfar 71me Sel'W!d

Jn Resenttncing After

Yiokzlion ofProba!Wn ar

ColfU1lll1filyContro/

It is funhcr ordered that the Defendant be allowed _ _ days time served ~date of arrest

as a violator following Release from prison 10 the date ofrescntcncing. The Department ofCorreccions

shall apply original jail time credil and Wll compute and apply credit for time servcd and unforfeitcd gain time

previously awarded on aisc/count _ _ _ (Offenses committed before October 1, 1989)

It is funhcr ordered that the Pcfcndant be allowed _ _ days time served between date or um:st as a violator

following release from prison to the date ofrCSClltcncing. The Dcpanment ofCom:ction shall apply original jail lime

credit and shall compute and apply credit for time setvcd on case/count

(Offenses committed between October I, 1989, and December 31, 1993)

The Court deems the unforfeited gain time previously awarded on the above case/count forfeited

under section 948.06(6), Florida Statutes.

The Court allows unforfeitcd gain time previously awarded on the alme casefcount. (Gain time may be subject

to forfeitu?e by the Department of Corrections under section 944.28(1)), Florida Statutes.

It is funher ordered that the Dcf~dant be allowed _ _ time served between date of arrest as a violator following

release frnm prison to the date ofrcsentencing. The Department ofConections shall apply originaljuil time credit and

shall compute and apply credit for time served only pursuant lO section 921.0017, Florida Statutes, on ca.sci count.

{Offenses committed on or after January \, 1994)

It Is filrtber ordtted that lhe sentence Im~ for.lhb co uni shall nm COSCURRENT with the sentence ut

forth In rount ~ oflhl! ~

Page 10of13

St Lucie County File Date: 0712112022 15:58 PM

190

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2136

Violation of Probation, Previously Adjudged Guilty

Violation of Community Control, Previously Adjudged Guilty

Resentcnced

Modified

Amended

Mitigated

Case Number

562022CF000547AXXXXX

OBTS Number

5601272792

Corrected

Defendant

MATTHEW MICHAEL ALBRITTON

s})N'rENCE

(Asto Count 6 )

The Defendant, being personally before this Court, accompanied by the Defendant's Attorney of record PATRICK

EMERSON MACRAE and having been adjudicated guilty, and the Court having given the Defendant an opportunity to

be heard and to offer matters in mitigation of sentence, and to show cause why the Defense should not be sentenced as

provided by law, and no cause being shown

and the Court having on _ _ deferred imposition of sentence until this date.

_and the Court having previously entered a judgment in this case on _ _ now resentence the Defendant.

_and the Court having placed the Defendant on - - - - - - - and having subsequently

revoked the Defendant's _ _ _ _ _ _ _ __

It Is The Sentence Of Court that:

_ The defendant pay a fine of _ _ _ pursuant to section 775.083, Florida Statutes, plus _ _ _ as the 5o/o surcharge

required on 938.04, Florida Statutes.

X The Defendant is hereby committed to the custody of the Department of Corrections.

_The Defendant is hereby committed to the custody of the Sheriff of St. Lucie County Florida.

_ The Defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes.

To Be Imprisoned (check one; unmarked sections are inapplicable.):

For a tenn ofNatural Life.

For a term ofNatural Life with a 25 year mandatory minimum

X For a tenn of 25.00 MONTHCS)

_The SENTENCE IS SUSPENDED for a period of _ _ subject to conditions set forth in this Order.

Jf•split' sentence complete the

appropriate Paragraph.

Followed by a period of _ _ on Community Control under the supervision of the

Department of Corrections according to the tenns and conditions of supervision as set forth

in a separate order.

Followed by a period of _ _ probation under the supervision of the Department

of Corrections according to thetenns and conditions of supervision as set forth in a

separate order.

However, after serving a period of imprisonment in PRISON, the balance of the

sentence will be suspended and the Defendant will be on Probation/Community Control

under the supervision of the Department of Corrections according to the tenns and

conditions of Probation/Community Control as set forth in a separate order.

In the event the Defendant is ordered to serve additional, split sentences, all incarceration portions shall be satisfied

before the Defendant begins service of the sup~rvision terms.

Page 11of13

St. Lucie County File Date: 07121/2022 15:58 PM

191

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

562022CF000547AXXXXX

SPECIA~ PROVISIONS

(As tQ count 6)

By appropriate notation, the following provisiqns apply to the sentenc;e imposed

Mandatory/ Minimum Provisions:

Fileann

Drug Trafficking

It l! further orderei:j. that the---.--- minimum imprisonment provisions of section 775.087, Florida

Statu1es, is hereby impost;d for the sentence SPE<Cified in this count.

It is further onlered that the

minimum imprisonment provisions ofsection 893.135, Florida Statutes, is

hereby iIJ!posed for ~e sentencespecified in this court, and that the Defendant pay a fine of$__, pursuant to section

893.135, Florida Statutes, plL,IS $_as a 5% surcharge.

It is further ordered that the

minimllfJI mandatory imprisonment provision of section 784.07, Florida

Statu~. is hereby imposed for the sentence specified in I.his count.

Contrtllltd Suh:itance

Wi1hin 1,000 Feel of

It is further ordered that the 3 year minimum imprisonment provision of section 893.IJ(l)(c), Florida

Statutes, is hereby imposed for the sentence in this count.

HabituaiFelony Offender

The Defendant is adjudicated a habitual felony offender and has been sentenced to an extended

tenn in 5'C0rdancc with the provisions of section 775.084(4)(a), Florida Statutes. The requisite findings

by the Court are set forth in a separate order or stated on the record in open cowt.

Habitual Violent Felony

The Defendant is adjudicated a habitual violent felony offender and has been sentenced to an

extended tenn in accordance with the provisions of sections 775.084(4)(b), Florida Statutes. A minimum

term of _ _ _ ycar(s) must be serveq prior to release. The requisite findings of the Court are set forth

in a separate order as stated on the record in open court

The Defendant is adjudicated a violent career criminal and has been sentenced to an extended tenn in

accordance with the provisions of section TI5.0&4{4)(d). Florida Statutes, A minimum of _ _ _ must be served

prior to release. The requisite findings of the <:outtas set forth in a separate order or stated on

the record in open coun. (For crimes committed ori or after May 24, 1997.)

Capitol Ojfe11St

It is further that the Defendant shall se!Ye no less than 25 years in accordance with provisions of section

775.082(1). Florida Statutes. (For first degree murder committed prior to May 25, 1994, and for any other capital

felony committed prior to October I, 199S.)

Prison Rtleasee

Defendant is adjl)dged a prison releasee reoffender in accordance with the provision of section 775.082(9), FL Statutes.

Smail Predator

Defendant is adjudged a sexual predator in accordance with provision of section 775.21, Florida Statutes.

Other Provisions:

Jail Credit

a total or

Credit for 17me Senied

ZERO DAYS

ll!I credit

r. r time

It is further ordered that the Qefendant be allowed _ _ days time served between date of arrest

as a violator following Releai;e from prison to the date ofresen!cncing. The Deparunent of Corrections

shall apply original jail time credit and shall compute and apply credit for timC served and unforfeited gain time

previously awarded on case/count _ _ _ _ (Offenses committed before October I, 1989)

in Rt.sentencing After

Violation ofProbation or

Community Control

It is further ordered that the Defendant be allowed _ _ days time served between dale or arrest as a violator

following release from prison to the date ofresentencing. The Deparuncnt of Correction shall apply original jail time

credit and shall compute and apply credit for time served on case/count

(Offenses committed between Oc1ober I, 1989, and December 31,"1993)

The Court deems the unforfeitcd gain time previously awarded on !he above case/count forfeited

under section 948.06(6), Florida Statutes.

The Court allows unforfeited gain time previously awarded on the above case/count. (Gain time may be subject

ID forfeituri: 9)1 the Oepartm\:nt of Corrections und~r section 944.28(1)), Florida Slatutes.

It is further ordered that the Defendant be allowed _ _ time served between date ofmest as a violator following

release from prison to the Qate ofresentencing. The Depanmen1 of Corrections shall apply original jail time credit and

shall compute and apply creQit for time served only pUBuant 10 section 921.0017, Florida Statutes, on we/ count.

(Offenses committed on or after January I, 1994)

Conseculive/Co~

As To Olhtr Counts

It is further onltred Ihat lhe 9tnlence imJ;!O.sed for this cou11t shall run CONCURRENT wUh the sentence stt

forthincouni I orthlsc11se:

. '. ·

Page 12of13

St. Lucie County File Date: 07/21/2022 15:58 PM

192

MATTHEW MICHAEL ALBRITTON vs. STATE OF FLORIDA

LT. CASE NO: 2022CF000547 A

HT. CASE NO: 22-2138

Violation of Probation. Previously Adjudged Quilty

Violation o(Community Control, Previously Adjudged Guilty

Rescntcnced

Modified

Amended

Mitigated

Corrected

Case Number: 562022CFOOOS47AXXXXX

Defeudant: MATIHEW MICHAELALBRITION

Other provisions, continued:

Consttudve/Concurrent

To Other Convictions

It is further ordered that the composite term of all sentences imposed for the counts specified

in this order will run

(check one) [J Consecutive To [J Concurrent To

Concurrent with the following:

(check one)

U any active sentence being served.

LJ specific sentences:

In the event the above sentence is to the Department of Corrections, the Sheriff of St.Lucic County, Florida, is hereby

ordered and directed to deliver the defendant to the Department of Corrections and the facility designated by the

department together with a copy of this Judgment and Sentence and any other documents specified by Florida Statute.

The Defendant in open court was advised of the right to appeal from this Sentence by filing notice of appeal within 30

days from this date with the Clerk of this Court and the Defendant's right to the assistance of counsel in taking the appeal

at the expense of the state upon a showing ofindigency.

In imposing the above sentence, the Court funher recommends I orders

DONE AND ORDERED in Open Court at St Lucie County, Florida, on July, 18 2022.

Nunc Pro Tune to:

Page 13of13

SL Lucie County Fite Date: 07121/2022 15:58 PM

193

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.