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Florida Weekly Roundup – Criminal Appeal Reversals for 5-10-2019

The Florida Weekly Roundup is a video podcast summarizing the newest developments in legal regulation, legal appeals, and post-conviction aid in the State of Florida.  Every week we digest the newest reversed convictions throughout the Florida District Courts of Appeal and the Florida Supreme Courtroom, as well as america Courtroom of Appeals and america Supreme Courtroom.

This can be a FREE service designed to give you the chopping edge of developments in Florida felony regulation.

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FLORIDA SUPREME COURT

NOTHING – ABSOLUTELY NOTHING

FIRST DISTRICT COURT OF APPEAL

Aaron Beal Wanless v. State of Florida, Docket # 1D17-448

Conviction for 5 counts of Aggravated Assault with a Firearm affirmed, but sentence reversed.  Trial courtroom lacked authority to impose consecutive sentences beneath the 10-20-Life statute as a result of the convictions stemmed from a single legal act.

Andrew Brown v. State of Florida, Docket # No. 1D18-3623

Summary denial of Rule 3.850 movement reversed based mostly on ineffective assistance of counsel in conviction for Trafficking in Cocaine reversed, evidentiary hearing ordered

Joshua Troy Dooly v. State of Florida, Docket # No. 1D18-2455

Trial courtroom lacked jurisdiction to revoke probation and resentence him because he had already served the statutory most time on probation before the submitting of the probation violation affidavit.  Appellant discharged.

Michael Deshon Daniel v. State of Florida, Docket # No. 1D18-0516

Conviction for Vehicular Homicide, Fleeing or Eluding a Regulation Enforcement Officer after high-speed chase affirmed partially, “single homicide rule” precludes convictions for Vehicular Murder and First Diploma Fleeing or Eluding, conviction lowered to Second Diploma Fleeing or Eluding

SECOND DISTRICT COURT OF APPEAL

State of Florida v. William Francis Bellamy, Docket # 2D17-806

State attraction of downward departure sentence, sentence of probation for Aggravated Battery reversed, courtroom’s discovering that Defendant required specialised remedy for a psychological disorder that’s unrelated to substance abuse or habit and for a physical disability, and Defendant was amenable to remedy not supported by competent, substantial proof

THIRD DISTRICT COURT OF APPEAL

George Heath v. State of Florida, Docket # 3D18-2117

Abstract reversal of motion for jail credit score/post-conviction aid reversed, Defendant was entitled to profit of plea discount that he would serve his state sentence in a Federal jail concurrently with the longer Federal sentence.

Randon Hyperlink v. State of Florida, Docket # 3D19-0759

Petition for writ of mandamus compelling the trial courtroom to hold a hearing on Stand Your Ground immunity round immunity pursuant to Florida Statutes § 776.032(1), trial courtroom wrongly denied petitioner’s request for a listening to.

FOURTH DISTRICT COURT OF APPEAL

David Puzio v. State of Florida, Docket # 4D17-3034

Sentences on two counts of First Diploma Homicide and Armed Carjacking reversed, 40-year obligatory minimal didn’t apply the place no jury found that he truly killed, meant to kill, or attempted to kill the victims

Jabari Kemp v. State of Florida, Docket # 4D15-3472

Conviction for Vehicular Manslaughter reversed, case remanded for Frye listening to to determine admissibility of State’s skilled witness testimony as to explanation for the automotive crash that killed 5 individuals.

Lina Nickie Dunkley v. State of Florida, Docket # 4D18-3063

Summary denial of Rule three.850 motion reversed, State didn’t reply and courtroom didn’t attach parts of document which conclusively refuted Defendant’s claims.

Nickolas White v. State of Florida, Docket # 4D17-3500

Sentence of life imprisonment for First Degree Murder dedicated as a juvenile reversed, trial courtroom erred in failing to order a Pre-Sentence Investigation Report prior to resentencing.

Yohaniz Ceballos Palomino v. State of Florida, Docket # 4D18-197

Convicted of aggravated battery with a lethal weapon and two counts of violation of a home violence injunction following a nine-day trial. Transcript for at some point lacking. Courtroom reporter affidavit that digital information and backup information lacking. Defendant and State agree that report could not be reconstructed. Confession of error. Agree that case must be remanded and a new trial ordered.

FIFTH DISTRICT COURT OF APPEAL

Brian McKenzie v. State of Florida, Docket # 5D18-2206

Appeals order designating a sexual predator. Appellant accomplished sentence. Trial courtroom lacked jurisdiction. Accomplished group management and probation in April 2015. Three years later State seeks to designate a sexual predator. Objections at hearing over trial courtroom getting into order designating sexual predator. May be designated sexual predator at sentencing or after sentencing, but while sentence is being served. Plain language in section 775.21, Florida Statutes.

Contesa Gissendanner v. State of Florida, Docket #5D18-150

Appeals judgment and sentence. Affirmed. Reversed imposition of investigative prices and remanded for new listening to. Award of investigative prices was not supported by competent, substantial evidence.

Frank Adams, Jr. v. State of Florida, Docket # 5D18-2424

Appeal denial of motion for return of private property. Acquitted Adams on the cost of possession of sexual performance by a toddler but discovered him responsible on the remaining expenses. Seized property was private property not fruit of felony activity. State not holding as evidence. Timely moved inside statute of limitations. Trial courtroom had inherent authority and jurisdiction to return property. Remanded for listening to on which section applies. Conflict of statutes.

Michael Lewis-Steven Johns v. State of Florida, Docket # 5D18-1877

Appeals denial of motion for post-conviction aid per 3.850. Professional se. Trial counsel was ineffective for failing to argue that the trial courtroom impermissibly thought-about unsubstantiated issues at sentencing. Failure to protect could also be ineffective. Trial courtroom should connect portions of the document or maintain an evidentiary listening to.

Nickki PIerre Charles v. State of Florida, Docket # 5D18-392

Appeals denial of motion for post-conviction aid per three.850. Professional se. Trial courtroom failed to deal with grounds. Postconviction courtroom must “make findings of fact and conclusions of law” with respect to the issues raised in the postconviction movement and addressed at an evidentiary listening to. Courtroom’s ruling on the unaddressed floor have to be reversed and remanded for the courtroom to enter the required findings.

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

United States v. David Rothenberg, Docket # 17-12349

This case includes the query of find out how to calculate the amount of restitution a possessor of child pornography should pay to a victim whose childhood sexual abuse seems in the pornographic photographs he possessed however did not create or distribute.  District Courtroom’s restitution order requiring him to pay a total of $142,600 in restitution to 9 victims depicted within the photographs of child pornography affirmed partially, reversed and vacated partially.

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