Gadsden County: Elijah Brookins resentenced to life
Last week, following a jury's recommendation, the trial court resentenced Brookins to LWOP.
Last week, Elijah Brookins was resentenced to life in prison without parole (LWOP) following a resentencing proceeding.
Background
Elijah Brookins was originally sentenced to death following a jury’s recommendation for death by a vote of 10-2.1 On direct appeal, in 2017, the Florida Supreme Court affirmed Brookins’ conviction for first-degree murder but vacated Brookins’ sentence of death and remanded for a new penalty phase in light of Hurst.2
Resentencing
Before his new penalty phase, Brookins filed several motions challenging the application of Florida’s 2023 capital sentencing statute to his case. Citing the Fifth DCA’s ruling in Hunter and Victorino, the trial court denied Brookins’ motions.
After a new penalty phase, on January 25, the jury recommended that Brookins be sentenced to LWOP rather than death.
Before reaching its sentencing recommendation, the jury determined that the State proved three of the six aggravating factors. The full verdict form can be downloaded here.
Following the jury’s recommendation, the trial court could only sentence Brookins on LWOP. On Tuesday, January 30, the trial court entered a Judgment and Sentence resentencing Brookins to LWOP.
The full judgment can be downloaded here.
Brookins v. State, 228 So. 3d 31, 36 (Fla. 2017).