Tampa Criminal Lawyer Blog
When a person is granted a new sentencing hearing, it can feel like a rare second chance, a critical opportunity to seek leniency, highlight mitigating factors, and present a complete picture of personal growth. But resentencing also opens the door for courts to weigh new and potentially damaging information. In a recent Florida case, a defendant learned that subsequent convictions, even those for crimes committed after the original offense, can factor heavily in the trial court’s resentencing decision. If you are preparing for resentencing, it is essential to work with a Miami criminal defense attorney who can help you navigate the risks and opportunities that come with it.
Factual and Procedural History
It is reported that the defendant was initially convicted in 2010 of three counts of armed robbery and one count of burglary, all stemming from a 2008 incident. The defendant received consecutive life sentences for the robbery charges and a concurrent life sentence for the burglary conviction. It is further reported that, on appeal, the burglary conviction was reversed, and the trial court later vacated the judgment and sentence for that charge.
Allegedly, in 2020, the defendant filed a motion for resentencing based on a corrected scoresheet that no longer included the vacated burglary conviction. The trial court granted the motion and held a resentencing hearing in July 2022. At this hearing, the State introduced evidence of the defendant’s subsequent convictions from a separate incident that occurred in 2009, after the date of the primary offenses but before the original sentencing. These offenses involved attempted murder and conspiracy to commit murder against a witness in the 2008 case.
It is alleged that the defendant objected to the trial court’s consideration of the later convictions, arguing that a de novo resentencing should be limited to factors present at the time of the primary offense. The defendant’s counsel highlighted mitigating factors, including his age at the time of the offense and the lack of physical injuries to the robbery victims. Despite agreeing that a life sentence would be disproportionate if based solely on the primary offense, the trial court ultimately imposed concurrent life sentences, specifically referencing the defendant’s 2016 convictions related to the attempted killing of a witness. The defendant appealed.
Factors Considered in Sentencing
The court undertook a de novo review to assess whether the trial court erred in considering the subsequent convictions. A Florida Supreme Court case that barred trial courts from considering subsequent arrests without convictions when sentencing a defendant for a primary offense weighed heavily in the court’s decision. However, the court distinguished the present case from the prior case, noting that the defendant’s subsequent crimes resulted in convictions, not mere arrests.
The court also referenced other decisions that upheld a sentencing court’s authority to consider prior convictions, even when the conduct occurred after the primary offense, as long as those convictions occurred before resentencing. The court underscored that convictions, unlike arrests, are based on findings beyond a reasonable doubt and, therefore, do not pose the same due process concerns.
Additionally, the court cited Florida’s Criminal Punishment Code, which prioritizes punishment but allows rehabilitation to be considered a secondary goal. The judges affirmed that evidence of a defendant’s later criminal conduct may be relevant to assessing the defendant’s potential for rehabilitation, particularly where the conduct directly undermines efforts to seek leniency. Here, the court found it especially relevant that the subsequent convictions involved an attempt to intimidate a witness in the case where the defendant was being resentenced.
Ultimately, the panel concluded that the trial court acted within its discretion in considering the defendant’s subsequent convictions. The court affirmed the life sentences imposed on resentencing, emphasizing that Florida case law did not create a categorical bar against such consideration and that the trial judge had clearly articulated the reasons for relying on the later convictions.
Contact a Knowledgeable Miami Criminal Defense Lawyer
Sentencing and resentencing proceedings can carry serious consequences, especially when courts weigh the full scope of a defendant’s conduct. If you are facing criminal charges, an appeal, or resentencing, it is crucial to work with legal counsel who understands how courts determine sentences. At Hanlon Law, our experienced Miami criminal defense attorneys can advise you of your rights and help you to seek a favorable outcome. To schedule a confidential consultation, call us at 800-596-0579 or complete our online form.