Sentencing

Florida Court Discusses Scoring Out-of-State Convictions During Sentencing

Published on: November 6, 2023 | by Hanlon Law, PA

In Florida, people convicted of sex crimes may be sentenced to lengthy terms in prison. Additionally, if they have a history of prior convictions, their sentence may be increased. As discussed in a recent Florida opinion, this is true regardless of whether the convictions were imposed by another state. If you are faced with sex crime charges, it is smart to talk to a Clearwater sex crime defense attorney promptly.

Procedural History of the Case

It is alleged that the defendant was found guilty by a jury of sexual battery, domestic battery, and harassing a witness. Following sentencing, the defendant filed a motion under Florida Rule of Criminal Procedure 3.800(b)(2), alleging errors in scoring several Ohio convictions on the sentencing scoresheet. The trial court granted the motion in part and denied it in part, choosing not to resentence the appellant. The defendant then appealed.

Scoring Out-of-State Convictions During Sentencing

On appeal, the defendant raised concerns about the scoring of the Ohio convictions and the application of a sentencing multiplier for a sex crime committed in front of a child. The court affirmed the trial court’s ruling on the second issue without discussion. Regarding the first issue, the court considered the scoring of the Ohio aggravated robbery conviction. The defendant argued that only the elements of the out-of-state crime should be considered when determining its analogy to a Florida statute for scoring purposes. Continue Reading ›

Florida Court Examines Career Offenders as Defined by Federal Law

Published on: January 5, 2023 | by Hanlon Law, PA

The federal legislature aims to prevent people with extensive criminal histories from continuing to violate the law. Thus, they enacted statutes that allow the federal courts to impose greater penalties on career offenders. Only people convicted of certain crimes will qualify as career offenders, though, as explained in a ruling recently issued in a Florida case in which the defendant was convicted of numerous violent offenses. If you are dealing with accusations that you committed a crime of violence, it is wise to talk to a Clearwater violent crime defense attorney to assess your options for protecting your interests.

The Defendant’s Criminal History

It is alleged that when the defendant was serving a sentence in a Florida prison, he sent threatening letters to the state attorney’s office. He was subsequently charged with threatening to use weapons of mass destruction and mailing threatening communications in violation of federal law. He pleaded guilty to all charges.

It is reported that the probation office then issued a report classifying the defendant as a career offender on the grounds that he had at least two prior felony convictions for crimes of violence. Specifically, he was previously convicted of robbery, aggravated battery, and mailing threatening letters. The defendant objected to the report, arguing that only one of his prior convictions was for a violent crime and, therefore, he was not a career offender. The court overruled his objection and applied the career offender enhancement, sentencing the defendant to ten years in prison. The defendant appealed.

Florida Court Discusses Factors a Court May Consider in Issuing Sentences

Published on: August 7, 2020 | by Hanlon Law, PA

When a person is convicted of committing a crime, the court will rely on numerous factors in determining an appropriate sentence. While the court is permitted to consider some information outside of the facts relating to the present conviction, if a court considers certain evidence, such as crimes for which the defendant was not convicted, the sentence may be improper. This was demonstrated in a recent Florida case in which the defendant successfully argued that his sentence for two separate sex crimes involving minors should be overturned. If you are accused of committing a sex crime against a child, it is critical to meet with a knowledgeable Clearwater sex crime defense attorney to discuss your rights.

Facts of the Case

It is reported that the defendant was charged with multiple crimes involving sex acts with minors. He was found guilty of two of the charges and subsequently sentenced. The defendant then filed an appeal, arguing in part that the trial court judge improperly relied upon conduct the defendant was found not guilty of committing to determine an appropriate sentence. The appellate court found in favor of the defendant and remanded the case for a new sentence.

Factors Weighed in Determining a Sentence

Under Florida law, a judge may not rely on or consider conduct for which a defendant was acquitted when assessing what sentence to issue. In other words, it is well-established law that when the record demonstrates that the trial court relied upon previous acquittals in determining an appropriate sentence, the State bears the burden of proving that the judge’s consideration of the prior acquittals played no part in the assessment of a sentence.

Court Discusses a Florida Juvenile Offender’s Sentencing Rights

Published on: March 6, 2020 | by Hanlon Law, PA

Criminal defendants are granted numerous rights under state and federal law, that aim to protect them from unjust outcomes. Notably, a criminal defendant’s rights are not extinguished if he or she is found guilty of a crime. Rather, criminal defendants are protected from unfair sentences as well. This was demonstrated in a recent Florida appellate court case in which the court vacated the defendant’s fifty-year sentence for sexual battery, finding that it violated the defendant’s Eighth Amendment rights. If you are accused of committing sexual battery, it is in your best interest to meet with a skillful Clearwater sex crime attorney to discuss your rights and potential defenses.

Factual and Procedural Background

It is reported that the defendant was charged with and convicted of armed sexual battery in 2016, for offenses he committed when he was fifteen years old. He was subsequently sentenced to fifty years imprisonment. The defendant then filed a motion for post-conviction relief, arguing that the sentence violated his Eighth Amendment rights. The district court denied the motion, after which the defendant appealed.

Evaluating Whether a Sentence is Unjust

On appeal, the defendant argued that because he was a nonhomicide juvenile offender, his sentence violated Florida law, and he was entitled to relief. Upon review, the court noted that under Florida law, the constitutional prohibition against unusual and cruel punishment comes into play when a nonhomicide juvenile offender’s sentence does not afford him or her any meaningful chance for release based on demonstrated rehabilitation and maturity. The law is based on the position that imprisonment for a juvenile is qualitatively different than a comparable term for any adult. In further defining juvenile offenders’ rights with regards to sentencing, the Florida courts ruled that any lengthy term of years sentence imposed on a juvenile offender, which means any sentence longer than twenty years, does not provide a true opportunity for early release and may be vacated.

Court Discusses Maximum Sentences for Florida Life Felonies

Published on: October 8, 2019 | by Hanlon Law, PA

In some cases, it is prudent for a criminal defendant to plead guilty in exchange for a lesser sentence. A guilty plea does not always guarantee a lesser sentence; however, as the court is free to sentence a defendant to the maximum punishment permitted. The court is not permitted to exceed the maximum sentence, however, or the sentence may be deemed illegal. This was illustrated in a recent case decided by the District Court of Appeal of Florida, Second District, in a case in which the defendant pleaded guilty to sexual battery and received a sentence in excess of the maximum sentence. If you live in Clearwater and are charged with sexual battery or any other sex crime, it is important to meet with a skilled Clearwater sex crime defense attorney to help you protect your rights.

Factual Background

It is alleged that the defendant was charged with and pleaded to guilty three separate charges of sexual battery with a deadly weapon, arising out of separate acts. Prior to pleading guilty, the defendant entered into a plea agreement with the State, in which his collective sentences were not to exceed 100 years. The court disregarded the agreement, however, and sentenced the defendant to three concurrent 90-year sentences. The defendant filed a motion to correct the sentences, arguing that as sexual batteries were life felonies, but the court did not impose life sentences, the maximum term he could be sentenced for each offense was 40 years.

Reportedly, the court subsequently issued an order stating that the defendant withdrew his motion. The defendant filed a second motion, but it was never ruled on. Finally, the defendant filed a third motion to correct his sentence. The court denied the motion stating that the issue had previously been ruled upon, and the defendant appealed.

Court Discusses Burden of Recognizing Incompetence in Florida Criminal Cases

Published on: March 1, 2019 | by Hanlon Law, PA

Florida law provides criminal defendants with certain rights and protections, in an effort to avoid unjust convictions. One example of these protections is that a defendant must be mentally competent to proceed with a trial. If a defendant is incompetent, or his or her competence is not adequately evaluated prior to a criminal hearing, it may result in a dismissal of any conviction.

In a recent case decided by a Florida appellate court, the court discussed the burden of recognizing incompetence in criminal cases. If you are charged with a criminal offense and you live in Clearwater, you should meet with a trusted Clearwater criminal defense attorney to discuss your case and possible defenses to the charges you face.

Alleged Facts Regarding the Defendant’s Competence

Reportedly, the defendant was convicted of attempted first-degree murder and attempted second-degree murder. He filed a motion to vacate his conviction alleging, in part, that his attorney was ineffective for failing to obtain a competency evaluation. Specifically, he alleged that his attorney obtained an order authorizing a mental health evaluation, but did not make sure an evaluation was completed. The defendant further alleged that he could not adequately communicate with his attorney or exercise his right to a fair trial due to his incompetence. The post-conviction court denied the defendant’s claim, after which he appealed. On appeal, the court granted his motion.

Florida Court Rules Credit for Time Served Cannot be Retracted

Published on: February 26, 2019 | by Hanlon Law, PA

In many instances when a defendant is charged with a crime, he or she will remain in jail until the ultimate disposition of the case. Often, when a defendant who is found guilty or pleads no contest to criminal charges is sentenced to imprisonment, a court will grant the defendant credit from time served for the time spent in jail prior to the resolution of the case.

As a Florida appellate court recently explained, once credit for time served has been awarded, Florida courts are not permitted to retract the award, even if it was given in error. If you are charged with a criminal offense and you live in Clearwater, you should meet with a trusted Clearwater criminal defense attorney to discuss your case and possible defenses to the charges you face.

Factual and Procedural Background

It is reported that the defendant was charged with kidnapping and robbery in case 2010-CF-109 to which he pleaded no contest. He was sentenced to 7 years imprisonment followed by 3 years of probation. He received a credit of 460 days for time served. The plea agreement, however, credited the time served to case number 2010-CF-010, another case under which the defendant was charged. As such, the defendant received credit for time served under both cases.

Florida Court Reverses Sentence Based on Impermissible Factors

Published on: February 20, 2019 | by Hanlon Law, PA

In Florida, felony convictions are reviewed under the state sentencing guidelines. The guidelines were created in an effort to impose fair and uniform sentences for felony crimes and allow the court to consider factors related to the offense to determine an appropriate sentence. When a court imposes a sentence within the statutory range set forth under the guidelines, it generally will not be disturbed.

As noted in a recent Florida appellate court case, however, an exception arises when a court considers impermissible factors during sentencing. If you are a resident of Clearwater and are presently facing criminal charges, it is in your best interest to consult a knowledgeable Clearwater criminal defense attorney to discuss the charges you face.

The Defendant’s Charges and Convictions

It is reported that the defendant shot two victims outside of a bar. He was subsequently charged with first-degree murder with a firearm, attempted first-degree murder with a firearm, and aggravated assault. Following a jury trial, he was convicted of aggravated assault and the lesser included offenses of second-degree murder and attempted manslaughter. He was sentenced to forty years imprisonment for second-degree murder, fifteen for attempted manslaughter and three for aggravated assault. During the sentencing hearing, the trial court stated that the jury found that the defendant reflected on his actions when he committed the crimes and that he spent time thinking about his intended crimes and nonetheless proceeded to commit them. The defendant appealed his sentence on the grounds that the court erred in considering any “reflection” he undertook in committing the crimes since he was not convicted of first-degree murder or attempted first-degree murder.

Court Rules a Judge can Consider an Arrest Without a Conviction During a Florida Community Control Revocation Hearing

Published on: February 4, 2019 | by Hanlon Law, PA

When a defendant is convicted of a crime there are certain factors that the court can consider when determining an appropriate sentence. For example, a court is not permitted to consider a defendant’s arrest for a subsequent crime when imposing a sentence for the primary offense the defendant was convicted of committing.

A Florida appellate court recently ruled, however, that a trial court is permitted to consider facts underlying a subsequent arrest when considering whether to revoke a convicted felon’s community control. If you live in Clearwater and are charged with a crime, it is important to retain an experienced Clearwater criminal defense attorney who will work diligently to help you retain your rights.

Facts Regarding the Defendant’s Criminal History

Reportedly, the defendant was convicted of second-degree murder. He was sentenced to eighteen years in prison followed by two years of community control. Four months after his release to community control the State filed an affidavit alleging the defendant violated his community control. Specifically, he failed to remain in his residence and refused to submit to a urinalysis. The State later amended the affidavit to include allegations that the defendant had recently been arrested for burglary, resisting officers without violence, and drug crimes.

Florida Court Holds That Granting Credit for Time Served in Other Jurisdictions is Discretionary

Published on: January 28, 2019 | by Hanlon Law, PA

If you are convicted and sentenced to be incarcerated, in certain cases you may be given credit for any time you were in jail after your arrest for the subject charges prior to your conviction. Recently, a Florida district court of appeals defined the circumstances in which a court is required to give credit for time served, and when such credit is discretionary. If you are a Clearwater resident currently facing criminal charges, you should retain a trusted Clearwater criminal defense attorney to help you develop arguments that will assist you in retaining your liberties.

Facts Regarding the Defendant’s Arrest and Conviction

The defendant was charged with first degree murder and burglary in Florida. The defendant was arrested in Argentina but fought his extradition to Florida for several years. During that time he remained in an Argentine jail. He was ultimately extradited and tried and convicted of the charges. He was subsequently sentenced to imprisonment. The defendant then filed a motion seeking credit for the time served in the Argentine jail. The trial court denied his motion, after which the defendant appealed.

Florida Law Regarding Credit for Time Served

Section 921.161 of the Florida Statute states that a prison sentence will not begin to run until the date such sentence is imposed, but the court imposing the sentence must grant the defendant credit for the entirety of the time he or she spent in a county jail prior to the sentence. The credit given must be for a specific period of time and the amount of time credited must be indicated in the sentence. While the law requires trial judges to give a defendant credit for time served in a Florida county jail prior to the disposition of offenses charged, the law does not require a judge to give a defendant credit for time spent in a jail in other jurisdictions.