Ken Purdy Fights for Release from Prison Under New Juvenile Sentencing Law in Florida
Purdy was a juvenile unconstitutionally sentenced to life in prison without parole.
Purdy recently filed a Petition on Change.org. To see Ken Purdy’s Petition to the Attorney General of the State of Florida and Governor Rick Scott, click here: Sign the Petition for Ken Purdy.
A Petition to the Attorney General was started. To sign the Petition to the Florida Attorney General please sign here: Petition for Release of Kenneth Purdy.
On December 18, 2015, the court conducted a judicial review proceeding and resentenced Mr. Purdy to a total prison term of 359.1 months. After resentencing, the Department released Mr. Purdy from its custody because it believed his 246.4 months of time served plus gain time satisfied his new sentence. However, two days later the Department determined that it had erroneously calculated Mr. Purdy’s release date and had him rearrested. The Department recalculated Mr. Purdy’s current tentative release date for June of 2022. The Department’s current tentative release date is erroneous because it fails to award Mr. Purdy any gain time for the 246.4 months he served in prison prior to being resentenced. The Department’s actions have resulted in the improper forfeiture of accrued gain time. A writ of habeas corpus should be issued by this Court because, with credit for time served plus earned gain time, Mr. Purdy is eligible for immediate release. Connect with Mathew Mclain to learn more about the case. Or Contact Brownstone Law at (855) 776-2773.
The Kenneth Purdy matter was also covered by The Orlando Sentinel in an article detailing his release and then re-incarceration: Kenneth Purdy Released from Prison.
Miller v. Alabama and Juvenile Sentencing Laws
On September 26, 1997, Mr. Purdy was convicted of first Degree Felony Murder, armed robbery, and armed carjacking. On November 6, 1997, Mr. Purdy was sentenced to life without parole for first degree felony murder and 112.7 months for the robbery and carjacking. The 112.7 month terms were ordered to run concurrent with each other but consecutive to the life sentence.
On May 21, 2015, Mr. Purdy filed a successive postconviction motion pursuant to Falcon v. State, 162 So. 3d 954 (Fla. 2015), which held that Miller v. Alabama does apply retroactively. The Court granted Mr. Purdy relief on June 15, 2015, and set the matter for resentencing.
On November 18, 2015, the court resentenced Mr. Purdy to 40 years in prison for the murder, with credit for time served, but ordered that Mr. Purdy was to receive no gain time. The court did not change the consecutive 112.7 month prison sentences for the robbery or carjacking.
On December 18, 2015, the court conducted a judicial review hearing pursuant to section 921.1402(2)(c), Florida Statutes. For first degree felony murder, the court resentenced Mr. Purdy to 246.4 months. The court did not change the 112.7 month sentences for the robbery and carjacking. . The court awarded Mr. Purdy 246.4 months of credit for time served.
On December 21, 2015, the Department reviewed Mr. Purdy’s sentence and determined Mr. Purdy was eligible, with gain time, for immediate release. Purdy was released the evening of December 21, 2015. On December 22, 2015, the Court, sua sponte, entered corrected order/minutes that stated it did not permit Mr. Purdy gain time as to first degree felony murder.. This occurred even though the court never orally pronounced on December 18, 2015 that Mr. Purdy would not be entitled to gain time.
On December 23, 2015, the Department determined that it had miscalculated Mr. Purdy’s release date and had Mr. Purdy rearrested and taken back into custody.
On December 29, 2015, Mr. Purdy challenged the Department’s actions and requested that he be immediately released. In sum, Mr. Purdy argued that his 246.4 months of credit for time served plus accrued gain time was sufficient to satisfy his new total prison sentence of 359.1 months
The Department denied Mr. Purdy’s request on January 14, 2016. The Department determined that (1) the court’s resentencing order on December 18, 2015 brought Mr. Purdy’s first degree felony murder sentence to an end on December 18, 2015 and, therefore, Mr. Purdy did not begin to serve his consecutive robbery and carjacking sentences until December 18, 2015 and (2) Mr. Purdy was not entitled to any gain time because first degree felony murder is a capital offense and the 1994 guidelines do not permit gain time for capital offenses.
The Department has now recalculated Mr. Purdy’s release date for June 30, 2022.
Purdy filed a Writ of Habeas Corpus seeking immediate release. Writ of Habeas Corpus.
Purdy also filed an Appeal to the Fifth District Court of Appeal in Florida challenging his illegal detention: Kenneth Purdy Appeal Fifth District Court of Appeal For Florida
Click here to see the past story about Kenneth Purdy: Kenneth Purdy Fights Illegal Juvenile Sentence in Florida.
*PHOTO COURTESY OF WESH