A Florida court has ordered a resentencing for Keith Hartley Wittemen, who was convicted of murder as a minor. The ruling comes after the court found that the previous postconviction court lacked jurisdiction to deny Wittemen's motion for relief. This decision affects Wittemen, who has been serving a life sentence without the possibility of parole since he was 17 years old.
The case, Keith Hartley Wittemen v. State of Florida, was filed under docket number 2D19-292 in the District Court of Appeal of Florida. The court's opinion was issued on August 21, 2020, and it highlights the complexities surrounding juvenile sentencing laws in Florida.
Background
Keith Hartley Wittemen was charged with first-degree premeditated murder in 1994 when he was just 17 years old. A jury found him guilty, and he received a life sentence without the possibility of parole for 25 years. This sentence raised concerns about its constitutionality, especially following significant rulings from the U.S. Supreme Court regarding juvenile offenders.
In 2017, Wittemen filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He argued that his life sentence was unconstitutional based on the Supreme Court's ruling in Miller v. Alabama, which prohibits mandatory life sentences for juvenile offenders without considering their age and circumstances. The postconviction court initially agreed and granted a resentencing hearing.
The Ruling
However, before the resentencing could occur, the State of Florida filed a motion for reconsideration based on a new ruling from the Florida Supreme Court in State v. Michel. This ruling stated that life sentences with the possibility of parole after 25 years do not violate the Eighth Amendment, which protects against cruel and unusual punishment. The postconviction court then reversed its earlier decision, denying Wittemen's motion for postconviction relief.
The District Court of Appeal of Florida, led by Judge Casanueva, reviewed the case and found that the postconviction court had acted outside its jurisdiction. The court stated, "The postconviction court lacked jurisdiction to rescind its original order on the basis of an untimely rehearing motion by the State." As a result, the court reversed the postconviction court's December 2018 order and reinstated the October 2017 order, directing a resentencing hearing for Wittemen.
Impact
This ruling is significant for Wittemen and potentially for other juvenile offenders in Florida. The court's decision reinforces the idea that juvenile offenders should receive individualized consideration during sentencing. It also highlights the ongoing legal debate surrounding juvenile sentencing laws and the implications of recent case law.
While the court has ordered a resentencing hearing, it is important to note that Wittemen may still receive the same sentence upon resentencing. The court emphasized that the legal standards in place at the time of the resentencing would apply, meaning that the outcome could remain unchanged.
What's Next
The case will now return to the postconviction court for a resentencing hearing. It remains unclear whether the State of Florida will seek further appeals or if there are any related cases pending that may influence the outcome of Wittemen's resentencing.