INDEFINITE SENTENCES - DEFINITELY ILLEGAL
I'm
not a legal beagle, by any means, so those of you who have a knack for that
kind of thing, or have seen a case where this kind of sentencing was
rectified, we need your assistance.
Mr. Rosier's outdate no longer reads 99/98/9999 but "Life
sentence" on the DOC website. I looked through hundreds of
prisoners and although there used to be release dates of 99/98/9999, everyone
now seems to have either a life sentence or an outdate in the 2000s. The
furtherest in the future was 2073.
When was this changed? And how many years is considered life?
We need suggestions on what to do about people being sentenced to indefinite sentences.
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Dear Kay Lee,
I have much anxiety about writing this letter. We are all in need of someone's help out there. There is a great conspiracy here in the Florida Judicial system. They feel as though they can do anything they want to do no matter what the constitution or law has to say.
There are many facts I can provide you with for I am starting my 18th consecutive year in the Florida DOC. I have seen a lot. Anything you want to know about what happens in here, I will tell you with complete honesty.
The point I would like to bring to your attention, and ask for your help on, has to deal with about 40,000 inmates in Florida, I am one of them. From what I have heard we have been fighting in the court system for many years to straighten out a legal injustice that has been happening for over 30 years now.
IN 1885, the people of Florida placed a provision in the Florida Constitution that forbids Indefinite Imprisonment. Right now in Article 1. Section 17 of the Florida constitution it is guaranteed that: "Excessive Fines, Cruel or unusual punishment, attainder, forfeiture of estate, INDEFINITE IMPRISONMENT and unreasonable detention of witnesses are forbidden;
You see, for 117 years it has been illegal to sentence someone indefinitely in Florida. They have to sentence a defendant to a term of years. My release date is 99/98/9999 - Indefinite.
This was all brought to my attention about 3 weeks ago by an inmate that had filed Rules of Criminal Procedure. This is a brief history of his case. He filed a 3.800(a) in the circuit court claiming that his sentence is illegal because it is in violation of a constitutional limitation. He quoted article 1. section 17 with other leading authorities, that his sentence (tentative release date 99/98/9999 ), is and indefinite imprisonment.
The lower tribunal denied his motion with a frivolous excuse that a 3.800(a) is the wrong motion or vehicle to argue a cruel and unusual punishment case. The man never on e time argued that point. Only the provision of INDEFINITE IMPRISONMENT ARE FORBIDDEN. They changed the whole meaning of his motion so they could deny him. They know he has an illegal sentence but they refuse to straiten it out. Any excuse o deny an inmate who files on this Constitutional point is good, even if it is a fabricated one.
This is a for real Judicial Travesty. They are getting away with it too. an the Florida Citizens do not know they are doing it either. The Florida Legislature does not have the power nor the authority to make laws the null and void a constitutional provision see Gray V. Bryant, 125 so. ad 846-851-52 (Fla 1960) and State ex Ayers V. Gray 69 so.2d 187, 195 (Fla 1953) There has to be a way to straiten all this out.
On July 7th 2002, I also filed a 3.800(a), corrective sentence according to case Lawler V. State, 740 so.2d 1203 (Fla 4th DCA 1999), that states at 1203 "a sentence that violates a constitutional limitations is illegal, and is subject to correction at any time under Florida Rules of Criminal Procedure 3.800(a).
There is no telling how the Twelfth Judicial Circuit Court is going to handle it. They know and I know I have an illegal sentence. My thoughts are that they will come up with some absurd or preposterous excuse to deny me. My knowledge of law is very limited but I am willing to learn and do everything I can to straiten this situation out. Not only for me but for every man and woman in prison here that has a release date of 99/98/9999.
I do not know if you are a religious or Christian organization or not . I pray to my Heavenly Father that you are or a similitude of one. You see I gave my life to my personal savior Jesus Christ on August 10th 1994. My whole life has been changed. All I live for now is to be like Jesus is. The Holly Spirit has given me a great desire to get out of prison and do some great work for the gospel, All of a sudden I find myself in the middle of all this unconstitutional sentence stuff For sure I really upon God to be delivered in His good time. I can not help but think of all the men and women down here that has been wronged by the Florida Judicial System.
I pray to my heavenly father to move you with compassion and commiseration towards all of us who are in a very precarious and critical predicament. Any form of help would be greatly appreciated. Any legal help, press releases or any suggestion you provide would cause you to be blessed.
If we had any money to provide a support system for you we would offer in a moments notice. However finances are lacking If you cause this situation to be straightened out I'm sure we would all show our best appreciation..
I know you must be busy so I wont take up too much more of your time .
This appeal I am sending you is for about 40000 inmates and all their mothers fathers wives and children who wants their men out of prison and to be treated fairly by the court as all other states courts do.
If there is anything I can do to speed or perpetuate your help please just ask and if I can it will be done, I eagerly await our response. May God Bless you. In closing I salute you in Christ's name.
Sincerely Yours,
Thunder William Rosier
Baker Corr. Inst.
P.O. Box 500-e11146
Sanderson, FL. 32087
PS: I have sent my two extra 34 cent stamps for your response.
ALLEN
COTTON'S
PETITION TO RELEASE ELIGIBLE PRISONERS