June 28, 2016 - First District Court of Appeal Reverses and Remands for Resentencing

June 28, 2016 the Florida First District Court of Appeal reversed and remanded for resentencing Mr. Kent's client, Eric Riua Muturi.  21 year old Muturi was convicted at trial on six counts arising out of an alleged home invasion style robbery.  The trial court, over Mr. Kent's objection, sentenced Muturi to 100 years imprisonment, consisting of 25 years each on each of counts one, two and three, and five years each on counts four and five, all to run consecutive for a total of 85 years imprisonment on counts one through five, plus 15 years imprisonment, consecutive, as to count six.  Counts one through five were sentenced under the 10/20/25/Life minimum mandatory statute requiring day for day service of 81 years of the 85 year sentence.  There was no minimum mandatory on count six and Muturi will be eligible for credit time.  Under the Court's decision June 28 Muturi the consecutive sentences on the first five counts will be vacated and on resentencing required to be imposed concurrently, reducing the sentence on counts one through five from 85 years to 25 years - followed now by 15 years on count six subject to gain and credit time on that count.  Under current gain time rules Muturi will serve 37.75 years on the new sentence (if the court does not reduce the 15 year sentence on count six at resentencing).  This is still a terrible sentence, but it will permit Muturi to be released at age 58 instead of spending his entire life in prison.  We hope that the future will hold legislative reductions in time served on such sentences.