5DCA: Impermissible Evidence of Misconduct During Sentencing Hearing

Even where a sentencing judge does not state on the record that he considered such when fashioning the sentence, incidents of misconduct occurring after the charged offense, some of which did not result in charges or arrests, were impermissible sentencing factors.

Love v. State, 2D17-76 (Fla. 2d DCA Jan. 12, 2018)

https://edca.2dca.org/DCADocs/2017/0076/170076_39_01122018_08294050_i.pdf

Pasco 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

5DCA: Court Cannot Impose No Early Termination Condition of Probation on Juvenile

A trial court is not authorized to impose a no early termination condition of probation on an adult defendant. The Fifth District noted that a no early termination condition "conflicts with the dual purposes of the juvenile justice system- preventing acts of delinquency and rehabilitating juveniles."

O.P. v. State, 5D17-1210/1211 (Fla. 5th DCA Jan. 12, 2018)

http://www.5dca.org/Opinions/Opin2018/010818/5D17-1210.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.AppealtheJudgeNOW.com

FlaSC: 57.105 Fees Awardable in DV Injunction Proceedings

Section 57.105, Florida Statutes, does not prohibit awarding attorney’s fees in a section 784.046 action (dating, repeat, and sexual violence injunction proceedings).

Lopez v. Hall, SC16-1921 (Fla. Jan. 11, 2018)

http://www.floridasupremecourt.org/decisions/2018/sc16-1921.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.AppealtheJudgeNOW.com

4DCA: Ambiguity in a Marital Settlement Agreement

Appealing the judge’s order granting the former husband’s motion to enforce the parties’ marital settlement agreement (“MSA”), the Fourth District reversed and held that the MSA was ambiguous as to whether the provision applied to the first six months after the dissolution judgment’s entry, or to any six consecutive months after the dissolution judgment’s entry. Reversed and remanded to the judge to consider the parties’ extrinsic evidence as to which six consecutive months the MSA provision was to be applied.

Wohlberg v. Conner, 4D17-390 (Fla. 4th DCA Jan. 10, 2018)

https://edca.4dca.org/DCADocs/2017/0390/170390_1709_01102018_09345392_i.pdf

Palm Beach 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

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

4DCA: Error to Prevent Strikes for Cause and to Limit Playback of Testimony

JURORS: A trial judge reversibly errs by denying strikes for cause of two prospective jurors based on statements raising doubts as to their impartiality where both questioned the validity of false confession allegations.

TESTIMONY PLAYBACK: A trial court reversibly errs by limiting playback of a victim’s recorded testimony to the first twenty minutes without playing cross-examination as well because the first portion of the testimony solely supported the State’s case.

Rentas v. State, 4D16-533 (Fla. 4th DCA Jan. 10, 2018)

https://edca.4dca.org/DCADocs/2016/0533/160533_1709_01102018_09083476_i.pdf

Palm Beach 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

4DCA: Improper Consideration of Pending Case in Sentencing

Where a defendant is yet to be convicted in a separate case, a trial judge reversibly errs by considering that pending case in imposing sentence.

Baehern v. State, 4D16-364 (Fla. 4th DCA Jan. 10, 2018)

https://edca.4dca.org/DCADocs/2016/0364/160364_1709_01102018_09064566_i.pdf

Martin 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