Manago was 17 years old when he committed first-degree murder and carjacking with a firearm. The trial judge sentenced him as a juvenile to life in prison without parole. As a result of changes in juvenile sentencing law, Manago requested and was granted resentencing. Based on the resentencing judge’s finding that Manago “actually killed, intended to kill, or attempted to kill” the victim, the court resentenced Manago to life in prison with a 25-year judicial sentence review.
Acknowledging that Florida law requires a jury, not a judge, to make that factual finding, the trial court conducted a harmless error review and found its own error harmless. Manago appealed, and the Fifth District Court of Appeal vacated his sentence and remanded the case for resentencing without the option of empaneling a jury to make the factual finding. The State of Florida asks this Court for review, arguing that the Fifth DCA’s decision conflicts with another appellate court decision.