4DCA: Inextricably Intertwined Evidence AND Sentencing Multiplier

INEXTRICABLY INTERTWINED EVIDENCE: Appellant/Father was accused of battering and attempting to strangle his daughter. The daughter testified at trial that the Father broke everything in her bedroom immediately after the incident. The Fourth District held that testimony tended to show the Father’s state of mind immediately following the battery and was thus admissible.

SENTENCING MULTIPLIER: Because the jury was never presented with an interrogatory as to whether a minor child was present during the incident ("domestic violence in the presence of a related child"), the trial judge reversibly erred by applying the sentencing multiplier as the child’s presence was an element that increased the mandatory minimum sentence.

Cartagena v. State, 4D16-220 (Fla. 4th DCA Jan. 10, 2018)

https://edca.4dca.org/DCADocs/2016/2200/162200_1708_01102018_09155234_i.pdf

St. Lucie 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.AppealtheJudgeNOW.com

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