Gov. DeSantis approves legislation compensating Robert DuBoise for wrongful conviction
Today, Gov. DeSantis approved legislation that compensates Robert DuBoise for his wrongful conviction of almost 37 years, three of which were spent on Florida’s death row.
Today, Governor DeSantis approved legislation that compensates Robert DuBoise for his wrongful conviction of almost 37 years, three of which were spent on Florida’s death row.
Background
On October 22, 1983, Robert DuBoise was arrested for a rape and murder that occurred on August 18, 1983 in Tampa Bay. On March 7, 1985, DuBoise was convicted of capital murder and attempted sexual battery. “After the sentencing hearing the jury [unanimously] recommended life imprisonment. The trial judge refused to abide by the recommendation and imposed a death sentence.”1
On direct appeal, in a decision dated February 4, 1988, the Florida Supreme Court affirmed DuBoise’s convictions but vacated DuBoise’s death sentence and remanded “with instructions to the trial court to impose a sentence of life imprisonment.” The Court held “that the court improperly overrode the jury’s unanimous recommendation of life imprisonment.”2
A few months later, per the Court’s decision, DuBoise was resentenced to life in prison with a consecutive sentence of fifteen years for attempted sexual battery.
Since his arrest, DuBoise maintained his innocence.
Almost 40 years after the crimes, DuBoise was exonerated:
DuBoise is the 30th death-row exoneree in the State of Florida.
Approved legislation compensates DuBoise
In the legislation Gov. DeSantis approved today, the Legislature “acknowledge[d] that the state’s system of justice yielded an imperfect result that had tragic consequences in [DuBoise’s] case” and that, “as a result of his physical confinement, Mr. DuBoise suffered significant damages that are unique to him, and that the damages are due to the fact that he was physically restrained and prevented from exercising the freedom to which all innocent citizens are entitled . . . .”
Under Florida Statutes, DuBoise “is ineligible for compensation.” In the legislation, the Legislature “apologizes to Mr. DuBoise on behalf of the state . . . .”
The legislation appropriates $1.85 million “from the General Revenue Fund to the Department of Financial Services” to DuBoise “for his wrongful incarceration.”
Further, the legislation waives tuition and fees for DuBoise “for up to a total of 120 hours of instruction at any career center,” “Florida College System institution,” or “state university.”
News articles about the legislation
DuBoise v. State, 520 So. 2d 260, 265 (Fla. 1988).
Id. at 266.