5DCA: Consideration in Sentencing of Dropped Charges

Where the State decides not to proceed on separate charges, a trial court is foreclosed from considering the conduct supporting those charges in sentencing.

Taylor v. State, 5D17-2259 (Fla. 5th DCA Feb. 23, 2018)

http://5dca.org/Opinions/Opin2018/021918/5D17-2259.op.pdf

Brevard Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

5DCA: Extortion

The evidence adduced at trial was that Doyle sent a handwritten letter to his pastor, threatening “a slow and painful death” for the pastor’s children and their families if the pastor failed to deliver $15,000 to Doyle or if he notified the police. Under the circumstances, dual convictions and sentences for extortion under section 836.05, Florida Statutes (2015), and written threats to kill or do bodily injury under section 836.10, Florida Statutes (2015), violate double jeopardy.

Doyle v. State, 5D17-686 (Fla. 5th DCA Feb. 23, 2018)

http://5dca.org/Opinions/Opin2018/021918/5D17-686.op.pdf

Seminole Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

SCOTUS: Guilty Plea, Without More, Does Not Bar Constitutional Challenge to Statute of Conviction on Appeal

A guilty plea, by itself (without an express appeal waiver), does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal.

Class v. USA, 16-424 (Feb. 21, 2018)

https://www.supremecourt.gov/opinions/17pdf/16-424_g2bh.pdf

From DC Circuit

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

4DCA: Continued Questioning After Invoking Right to Counsel

Reversing convictions and sentences for three counts of armed robbery and one count of aggravated assault, detectives violated the defendant’s Miranda rights by continuing to engage with him after he invoked his right to counsel, which led to a confession that was used against him at trial.

Scotsman v. State, 4D15-2729 (Fla. 4th DCA Feb. 21, 2018)

https://edca.4dca.org/DCADocs/2015/2729/152729_1709_02212018_08433896_i.pdf

Broward Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

3DCA: Under construction building with no roof is not a “structure” for burglary

Where the building at issue was under construction and had no roof, the structure requirement of burglary of a structure (FS 810.02(2)(4)(a)) is not satisfied.

I.L. v. State, 3D17-1108 (Fla. 3d DCA Feb. 21, 2018)

http://3dca.flcourts.org/Opinions/3D17-1108.pdf

Miami-Dade

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

CA11: Fla. Sexual Battery with a Deadly Weapon is a Violent Felony for ACCA

A Florida conviction for sexual battery with a deadly weapon (Fla. Stat. § 794.011) is a violent felony and qualifies as an ACCA predicate offense.

USA v. Deshazio, 16-11737 (11th Cir. Feb. 20, 2018)

http://media.ca11.uscourts.gov/opinions/pub/files/201611737.pdf

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

1DCA: Consideration of Uncharged Conduct in Sentencing

When sentencing for various child pornography charges, a trial court does not fundamentally err in relying on unrelated, uncharged, and unsubstantiated claims in determining his sentence because (1) his counsel accepted the undercover agent’s description of a conversation (that the defendant wanted to have sex with a minor), and (2) it directly related to the defendant’s request for a downward departure sentence on the basis that the risk of recidivism was low.

Barlow v. State, 1D16-5042 (Fla. 1st DCA Feb. 20, 2018)

https://edca.1dca.org/DCADocs/2016/5042/165042_1284_02202018_08571176_i.pdf

Escambia Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com