05/14/2026
The Florida Supreme Court issued its decision in the Marcus Maye case, which involved our challenge to the constitutionality of the Prison Releasee Reoffender (PRR) Statute. Unfortunately, the Court did not rule in Mr. Maye's favor. The Court did not specifically address whether the statute is constitutional but concluded that the challenge was not properly raised in a Rule 3.800(a) Motion to Correct Illegal Sentence.
We respectfully disagree with the Court's decision and rationale, and its choice not to address the constitutionality of the statute. We continue to believe that the straightforward application of United States Supreme Court precedent required that the statute be declared facially unconstitutional.
In our opinion, Justice Labarga's dissent properly applies the law to conclude that the statute must be invalidated and that Mr. Maye is entitled to a resentencing hearing without application of the PRR statute.
We are in the process of reviewing the opinion to determine whether we will be filing a motion for rehearing in the Florida Supreme Court or seeking further review in the United States Supreme Court.
The fight continues. May justice prevail!