Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hart v. State

Florida Court of Appeals, First District

June 4, 2018

Kadeem Quaishawn Hart, Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge.

          Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

          Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

         ON REMAND FROM THE SUPREME COURT OF FLORIDA

          Rowe, J.

         The Florida Supreme Court quashed our opinion affirming Kadeem Hart's judgments and sentences and remanded this case "in light of [its] decision in Kelsey [v. State, 206 So.3d 5 (Fla. 2016)]." Hart v. State, 2017 WL 836804 (Fla. Mar. 3, 2017). We must thus consider whether Hart is entitled to resentencing. Unlike other cases remanded in light of Kelsey, the supreme court's remand in this case did not provide specific instructions for resentencing. See Smith v. State, 2016 WL 7217234 (Fla. Dec. 13, 2016) (remanding "for resentencing" pursuant to Kelsey); Galan v. State, 2016 WL 7212331 (Fla. Dec. 13, 2016) (remanding "for resentencing" in light of Kelsey).

         For this reason, we directed the parties to show cause whether Hart was entitled to relief under Kelsey. The State responded that Hart is not within the class of juvenile nonhomicide offenders entitled to relief under Kelsey because his original life sentence was not reversed pursuant to Graham v. State, 560 U.S. 48');">560 U.S. 48 (2010), and his fifty-year aggregate sentence imposed after he was granted a new trial does not violate Graham. Hart replied that requiring him to serve his aggregate fifty-year sentence without judicial review after twenty years would violate the Eighth Amendment. For the reasons that follow, we affirm.

         I.

         Hart was charged with carjacking, kidnapping, aggravated battery with a deadly weapon, armed robbery, and two counts of sexual battery. He was fifteen years old when he committed the offenses.

         The testimony at trial established that Hart's first victim was walking home around 5:00 p.m. on January 5, 2007, when Hart approached her from behind, grabbed her arm, and put what she assumed to be a gun to her back. He took the victim to a wooded area, where he ordered her to remove her clothes. Over the course of the next forty-five minutes, Hart repeatedly hit the victim with his gun and raped her vaginally, orally, and anally. After he finished, Hart kept the victim's shirt, bra, and cell phone as "souvenirs" before running off. During the incident, Hart struck the victim so hard on her head with his gun that she lost consciousness. When the victim finally received medical attention, she required multiple stitches for a wound on her forehead and was required to wear a neck brace.

         A few hours after he raped the first victim, Hart and his cousin approached a second victim who had arrived at her father's home around 10:20 p.m. Because her father's home had a long driveway inside a closed gate, the victim had to exit her car to open the gate. The end of the driveway was well lit by a street light. When she exited her vehicle, Hart and his cousin were standing nearby, holding guns. The men pointed their guns at her and demanded her car, her keys, her cell phone, and her purse. The victim gave Hart and his cousin what they wanted and they drove off. The carjacking occurred approximately one block from where the first victim was raped.

         The jury convicted Hart of sexual battery, battery as a lesser-included offense of sexual battery, kidnapping, aggravated battery with a deadly weapon, armed robbery, and carjacking. The trial court sentenced Hart to concurrent terms of life in prison on the sexual battery, armed robbery, and carjacking convictions; one year on the battery conviction; thirty years on the kidnapping conviction; and fifteen years on the aggravated battery conviction. Hart appealed, arguing that the charges involving the two victims were improperly joined and should have been separately tried. This Court agreed, reversed Hart's convictions, and ordered separate trials on remand. Hart v. State, 70 So.3d 615, 620 (Fla. 1st DCA 2011) (Hart I).

         On remand, Hart entered a plea to sexual battery, kidnapping, and the lesser-included offense of unarmed carjacking. The trial court sentenced Hart to concurrent thirty-year sentences for sexual battery and kidnapping and to a consecutive sentence of twenty years' imprisonment for carjacking, for an aggregate term of fifty years in prison. We affirmed Hart's convictions and sentences on direct appeal with a citation to our opinion in Kelsey v. State, 183 So.3d 439 (Fla. 1st DCA 2015) (Kelsey I). See Hart v. State, 184 So.3d 664, 664 (Fla. 1st DCA 2016) (Hart II). Hart then petitioned for review in the Florida Supreme Court. His petition was granted and this Court's decision was quashed and remanded in light of the decisions in Henry v. State, 175 So.3d 675 (Fla. 2015), and Gridine v. State, 175 So.3d 672 (Fla. 2015). See Hart v. State, 2016 WL 237904 (Fla. Jan. 20, 2016) (Hart III). The supreme court stayed the proceedings in this Court while it considered the disposition of our decision in Kelsey I. After it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.