When a criminal defendant is convicted of a sex crime, the court is allowed to consider certain mitigating or aggravating factors, such as prior convictions or the lack thereof, in determining an appropriate sentence. When a court considers an impermissible factor in sentencing a defendant, however, it can be grounds to vacate the sentence, as demonstrated in a recent Florida appellate case. If you are faced with charges that you committed a sex crime, it is in your best interest to confer with a dedicated Clearwater sex crime attorney regarding your options for protecting your rights.
Facts Regarding the Alleged Offenses and Trial
It is reported that the defendant, who was 40 years old, picked up the victim, who was 16 years old while she was walking on the side of the road, and took her to his residence. The defendant then offered the victim Dilaudid, which they both injected, after which they had intercourse. The victim died later that evening from an accidental overdose. An autopsy revealed she had numerous drugs in her system, including a small amount of Dilaudid. It was not clear whether the Dilaudid contributed to her death. The defendant was charged with unlawful sexual acts with a person 16 or 17 years old and delivering controlled substances to a person under 18. He was convicted on both counts.
It is alleged that during the sentencing hearing, the judge stated that he was sure the State would have charged the defendant with homicide if the State had sufficient facts to do so. He also stated that the defendant was the main cause of the victim’s death. The defendant was subsequently sentenced to 13-year sentences, to be served consecutively, for each offense. The defendant appealed, arguing the trial court considered impermissible factors in issuing a sentence.