Page 31 - Florida Sentinel 10-30-20

Letter To The Editor
Plea Bargain – Returning Citizens And Voting
As I watched 60 Min- utes a few weeks ago on CBS talk about the life of Rep. John Lewis and “Good Trouble,” I pon- dered upon the above topics as I reflect upon my life as an ex-offender, volunteer prison chap- lain for over 35 years, paralegal, and voter. A blind person can see the politics played by our elected officials of the State of Florida to keep
Returning Citizens from voting.
To keep Returning Cit- izens from voting did not happen by mere happen- stance. It is assumed most ex-offenders are Democrats and would vote against Republican candidates.
Amendment 4 was placed on the ballot for the voters of Florida to decide the fate of Return- ing Citizens. Amendment
4 was approved by 62% of the voters. Upon the ap- proval of Amendment 4, there was rejoicing and tears of joy as Returning Citizens celebrated that they had the right to vote.
However, their joy was short lived because Governor Ron DeSantis and some Republican leg- islators found a loophole in Amendment 4. It was proclaimed a sentence is not complete until all
fines, fees, court costs and restitution are paid.
I believe Governor De- Santis, Attorney General Ashley Moody and the Republican Party have created a grave problem for the judicial system.
Plea Bargains benefit both the judicial system and the defendant. How- ever, plea bargains must be legal and follow Florida Rules of Crimi- nal Procedure 3.171,
3.172 and 3.173. The rules require the defendant’s guilty plea to be volun- tary, must establish the factual basis of your crime. The plea must be recorded and the judge must explain the conse- quences of the defen- dant’s plea, this includes all fines, fees, court costs and restitution must be paid before the defen- dant’s sentence is com- plete. The failure to follow the above rules will render an illegal plea bargain and sentence.
Also, to punish a de- fendant after their re- lease from prison is illegal and will enhance their sentence. To en- hance a defendant’s sen- tence is cruel and unusual punishment and in violation of the 8th and 14th Amendments of the U. S. Constitution.
I personally entered a plea bargain twice and in each case the judge failed to follow the rules set out in Florida Rules of Crim- inal Procedure 3.171,3.172 and 3.173. Many have pleaded guilty, entered a plea bar- gain and were sentenced without being advised of fines, fees, court costs or restitution.
When Amendment 4 was appealed to the U. S. 11th Circuit Court of Ap- peals, it appears the lawyers and judges failed to ask the question, “did the defendants know the consequences of their plea bargain and did the sentencing judge tell the defendants they would not be allowed to vote until all fees, fines, court costs and restitution must be paid before you could vote?”
To re-sentence over 50,000 inmates and Re- turning Citizens would have forced the Appellant Court to deny the state’s appeal and allow Return- ing Citizens to vote in the 2020 election instead of breaking down the judi- cial system.
For additional infor- mation please call (813) 966-5844 or wdixon- 2558@aol.com.
Rev. Willie G. Dixon
PAGE 14-B FLORIDA SENTINEL BULLETIN PUBLISHED EVERY FRIDAY FRIDAY, OCTOBER 30, 2020