Articles Posted in Sentencing

Federal Court Rules Florida Attempted Murder is a Violent Crime for Purposes of Imposing an Enhanced Sentence

Posted In: January 4, 2019 | By Hanlon Law, PA

Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such, offenders previously sentenced to increased prison terms under the residual clause of the ACCA may be eligible for a reduced sentence. Each case must be evaluated on an individual basis, however, to determine whether the Johnson ruling will affect an enhanced sentence.

Recently, in a case appealed from the Southern District of Florida, a federal appellate court ruled that attempted murder is a violent felony and therefore grounds for increased penalties under the ACCA. If you are a resident of Tampa who has prior convictions and are currently facing criminal charges, you should meet with a knowledgeable Tampa criminal defense attorney to discuss your available options and defenses.

Defendant’s Prior and Current Convictions

Reportedly, the defendant was convicted in Florida for first-degree attempted murder. He was subsequently charged with being a felon in possession of ammunition. He was tried and convicted of the charges. The defendant’s presentence investigation report showed he was subject to an enhanced sentence under the ACCA for attempted first-degree murder, armed robbery, and aggravated battery. He was sentenced to 204 months in prison. Following the Johnson ruling, he filed a motion to reduce his enhanced sentence, arguing his prior convictions could no longer be considered violent felonies. His motion was dismissed. The defendant then appealed on the issue of whether his conviction for attempted first-degree murder constituted a violent felony. On appeal, the court affirmed his enhanced sentence.

Florida Court Reverses Sentence Based on Improper Scoring of Prior Crimes

Posted In: December 26, 2018 | By Hanlon Law, PA

In each criminal case, the defendant must choose which plea to enter, and in some cases it is prudent for a defendant to enter a guilty plea. Even if a defendant waives his or her right to a trial by conceding guilt, however, he or she is still afforded certain rights with regard to sentencing.

A district court in Florida recently vacated a sentence in a DUI case and remanded the case for resentencing, due to an error made by the trial court in the evidence considered in sentencing the defendant. If you are a Tampa resident charged with a crime, it is important to retain an experienced attorney who can assist you in trying to prevent the state from introducing any prohibited evidence against you.

Charges and Sentencing

Reportedly, the defendant was charged with DUI manslaughter following a fatal crash and entered an open guilty plea. During the defendant’s sentencing, the sentencing scoresheet submitted listed eleven prior offenses, each of which occurred in or before 1999. The total points for the defendant’s prior record, as indicated by the scoresheet, was 9.4. The trial court sentenced the defendant to 132 months’ imprisonment, with a mandatory four year sentence, to be followed by two years of community control and two years of probation. The defendant subsequently appealed. On appeal, the defendant argued that none of the prior offenses on his sentencing scoresheet should have been listed due to the age of the offense.

Florida Court of Appeals Overturns Conviction After Defendant’s Attorney Does Not Comply with the Defendant’s Wishes to Withdraw his Plea

Posted In: December 12, 2018 | By Hanlon Law, PA

A defendant charged with a crime in Florida can enter any plea provided for by the law. While a person charged should not enter a plea without thoroughly weighing the consequences, in some cases even if a plea was entered after careful consideration a defendant may wish to change his plea. Under Florida law, a defendant can file a motion to withdraw a plea at any time prior to sentencing. In a recent case ruled on by the District Court of Appeals for the Second District of Florida, if a defendant’s attorney does not honor his or her wish to withdraw a plea, it can result in a conviction being overturned.

Reportedly, the defendant entered a no contest plea to burglary and grand theft charges. The defendant was then found incompetent and his sentencing hearing was delayed for two years. He was represented by one attorney while negotiating his plea deal and a second attorney at his sentencing. At the sentencing hearing, per the defendant’s request, his attorney requested a renegotiation of his plea deal, due to the fact he did not understand the plea colloquy and proceedings.

The court declined to renegotiate. The defendant’s attorney stated he did not believe a good faith basis existed for withdrawing the plea and did not move to withdraw the plea. Additionally, the court never asked the defendant if he wanted to withdraw his plea. The trial court subsequently sentenced the defendant to fifteen years in prison followed by fifteen years of probation. The defendant then filed an appeal, arguing ineffective assistance of appellate counsel on several grounds. The appellate court found in favor of the defendant and reversed his sentencing.

Appeals Court Upholds Reduction of Sentence for Florida Defendant

Posted In: October 15, 2018 | By Hanlon Law, PA

When you work with a skilled Tampa criminal defense attorney there are several ways that they can help you after you have been charged with a crime. They can help defend you against the charges. They can also help you negotiate a plea bargain with the prosecutor. Another thing that they can do is to help with sentence mitigation if the defendant is found guilty. This case involves the latter.

Downward Departure

The defendant in this case is a woman with no prior criminal record before this prosecution. After working for a couple for eight years as the housekeeper and groundskeeper of their house in Florida, she was charged with burglary and trespassing. Her job duties involved taking care of the home while the couple was away, although she was never supposed to spend the night there. After many satisfactory years as an employee she began dating a man who had drug issues and was also a convicted felon. He allegedly pressured her to sleep at the house and stay there while the couple was away. He also allegedly stole property from the couple and the defendant herself, including checks. He testified at trial that the defendant was not involved with the taking of property.

The defendant petitioned the court for a downward departure in her sentence. The court granted this petition and she was sentenced to six months in the county jail, followed by fifteen months of community service and five years of probation. Without the downward departure she would have faced 21 months to 15 years in jail.

Evidence Issues in Florida Criminal Sentencing

Posted In: January 10, 2018 | By Hanlon Law, PA

If you are convicted of a Florida theft crime, the sentencing stage can have a huge impact on not only your future but also your family’s future. Probation and alternative sentences are often available in criminal cases. Even if you’re looking at prison time, it’s important to make the strongest possible case for the shortest possible stretch behind bars. Florida’s Second District Court of Appeals recently explained that there are limits on the evidence that judges can take into account when making a sentencing decision.The defendant was arrested, charged, and convicted of robbery and carjacking stemming from an incident in Tampa. He was allegedly involved in a variety of other incidents while being held in a local jail, awaiting trial. Following his conviction, the judge held a hearing to determine how he would be punished for the crime. Prosecutors asked the judge to send him to prison for 15 years. They called several correctional officers who worked at the jail where the defendant was being held to testify. Those officers told the court that the defendant was involved in at least two physical altercations at the facility and that they found papers in his cell indicating that he was affiliated with the Latin Kings, a well-known jail gang.

The prosecutors also presented a statement from the carjacking victim, who talked about how the crime had affected her life. The victim asked the judge to give the defendant the maximum sentence allowable under the law. The judge eventually sentenced him to 12 years behind bars. On appeal, however, the Second District said the trial court wrongly relied on evidence of his misdeeds in jail in imposing the penalty. It cited the state Supreme Court’s 2016 ruling in Norvil v. State, in which the high court said a court can’t use a person’s subsequent crimes without convictions to support a sentence for earlier, unrelated crimes.