final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Alachua County. James M.
Thomas, Public Defender, and Justin F. Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
Moody, Attorney General, and Tabitha Herrera, Assistant
Attorney General, Tallahassee, for Appellee.
hearing under section 921.1401, Florida Statutes, the
appellant, Shawn David Jackson, was resentenced to life in
prison for what the trial court described as "an
especially heinous, atrocious and cruel murder." On
appeal, Jackson argues that (1) the trial court erred by not
imposing the burden of proof on the State at the resentencing
hearing and (2) a life sentence was not appropriate in this
case. We summarily reject the first argument because it is
clear from the trial court's sentencing order that the
sentence in this case would have been the same irrespective
of which (if either) party had the burden of proof, and we
reject the second argument for the reasons that follow.
1989, Jackson brutally raped and murdered a young woman in
her home. He was 17 years and two months old at the time. The
trial court summarized the crime as follows:
[Jackson] was living in the same neighborhood as the
[victim's] family in High Springs . . . . While it is
possible that the victim and [Jackson] may have seen each
other before, [Jackson] and others reported that they had had
no personal contact until [Jackson] came to the
[victim's] residence on [the day before the murder]. On
that day, [Jackson] went to the [victim's] residence
asking to use the telephone. [Jackson] claimed the phone in
his residence was not working. Later investigation revealed
that to be untrue. . . . .
[The following day], [Jackson] returned to the [victim's]
residence where [she] was home alone caring for [a] 15 month
old [child]. [Jackson] once again asked to use the telephone
claiming again that the phone at his residence was not
working. According to [Jackson], [the victim] allowed him
into her home to use the telephone. [Jackson] stated he was
nervous and upset when he was unable to reach his friend on
the phone. He then stated that [the victim]
"flashed" him a smile that he interpreted as
mocking him. He described himself as losing all conscious
control, entering a psychotic rage, and raping and murdering
[the victim] by strangling her to death. [Jackson] stated the
victim did not entice him in any way. He reported that he
took her smile "really badly" and lunged at her as
[Jackson] stated that he grabbed the victim by the throat and
she began to struggle. He described the victim coming up off
the couch in the living room where she was seated, struggling
to get free. [Jackson] was eventually able to subdue her in
the hallway of the home where she went down on her back.
[Jackson] indicated that the strangulation seemed very long,
stating to law enforcement that the "choking part seemed
like it took hours." After she went limp, he removed her
shorts and underwear, dropped his pants to his knees and
began having vaginal sex with her while still possibly
choking her. [Jackson] believed he ejaculated and described
the sex as brief. After the rape, [Jackson] described the
victim as limp and unresponsive with blood coming from her
mouth and nose. Some of that blood got on [Jackson]'s
hands so after placing the victim's shorts over her to
cover part of her body, he went to the kitchen to wash his
hands. He then went through the victim's purse which was
in the laundry room. He removed cash and car keys. [Jackson]
then locked both doors to the [victim's] residence to
give him more time to get away and left the victim's body
and the 15 month old child inside. He took the victim's
[car] and traveled south . . . towards Newberry to obtain
gas. Before getting to Newberry, he picked up a friend . . .
and told him he had just killed a woman and stolen her car.
[The friend] agreed to leave the area and assist [Jackson] in
was arrested the next day in Virginia driving the
victim's stolen car. He told law enforcement that he was
planning to go to Maine and that "he couldn't think
of any reason why he raped and killed [the victim]."
was charged with first-degree murder, sexual battery with
great force, and several other offenses. He pled guilty to
the murder and the sexual battery charges, and in exchange,
the State agreed not to seek the death penalty for the murder
and nol prossed the other charges. The trial court
adjudicated Jackson guilty and sentenced him to life in
prison for the murder followed by 15 years in prison for the
2016, Jackson filed a rule 3.800(a) motion in which he argued
that his life sentence was illegal under Miller v.
Alabama, 567 U.S. 460 (2012). The trial court granted
the motion and held a resentencing hearing pursuant to
section 921.1401. After the hearing, the court entered a
detailed sentencing order re-imposing the life sentence for