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.

Jay v. State

Florida Court of Appeals, Third District

July 25, 2018

Milton Jay Jr., Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 73-5469 A, Richard L. Hersch, Judge.

          Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant.

          Pamela Jo Bondi, Attorney General, and Jonathan Tanoos, Assistant Attorney General, for appellee.

          Before SUAREZ, SALTER, and LOGUE, JJ.

          SUAREZ, J.

         Milton Jay, Jr. appeals the denial of his motion for post-conviction relief. Jay was 17 years old when he pled guilty to second-degree murder in 1973. He was sentenced to life with the possibility of parole. Jay contends that his sentence is unconstitutional under the Eighth Amendment and based on the United States Supreme Court's decision in Miller v. Alabama, 567 U.S. 460 (2012), and the Florida Supreme Court's decision in Atwell v. State, 197 So.3d 1040 (Fla. 2016).

         We affirm the trial court's order denying Jay's motion for post-conviction relief, and hold that because Jay was sentenced to life with parole eligibility, was later paroled from prison three separate times, and then violated each parole by committing new crimes as an adult, neither Miller nor Atwell is implicated and Jay is not entitled to resentencing.

         Facts

         Milton Jay, Jr. was born on November 8th, 1955. In July 1973, when he was 17 years old, he was charged with first-degree murder. On April 23, 1974, Jay pled guilty to second-degree murder and was sentenced to life imprisonment with the possibility of parole.

         On July 1, 1980, at the age of twenty-five and after serving approximately six years in prison, Jay was released and placed on parole supervision. In 1982 he violated that parole and was sentenced to additional five-year terms after being convicted of Battery on a Law Enforcement Officer and Possession of Cocaine. His parole was revoked effective June 30, 1982.

         On April 29, 1986, Jay was once again released on parole supervision. In 1988, he was taken into custody on a parole violation. He was sentenced to an additional term of 366 days in prison for Robbery with a Firearm and Possession/Use of a Firearm. His parole was again revoked shortly after.

         On January 12, 1993, for a third time, Jay was again release from custody on parole supervision. In December of 2001 Jay was again returned to Department custody for a parole violation, this time having been sentenced to a term of seven years for Racketeering and Conspiracy to Traffic in Cocaine. His parole was revoked in February 2002.

         In April of 2017, Jay filed his motion for post conviction release to correct illegal sentence, which the trial court ...


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.