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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. Continue Reading ›

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Federal fraud prosecutions often result in enhanced penalties when the defendant is found to have engaged in additional unlawful conduct, such as obstructing justice or participating in the resale of stolen property. Sentencing enhancements can significantly increase a defendant’s prison term, and attempts to overturn them on appeal are rarely successful unless the trial court clearly misapplied the law. A recent opinion delivered by a Florida court illustrates how federal courts evaluate claims involving sentencing errors and underscores the importance of preserving objections in a timely and thorough manner. If you are facing fraud charges, you should speak with a Tampa fraud crime defense attorney about your rights and legal options.

Factual and Procedural Setting

It is reported that the defendant was indicted on one count of conspiracy to commit wire fraud and two counts of wire fraud. The charges stemmed from a scheme to obtain fraudulent titles for stolen vehicles using forged documents submitted to state authorities. The government alleged that the defendant worked with others to exploit vehicle registration systems in order to claim ownership over stolen automobiles. The defendant entered a plea of not guilty, and the case proceeded to trial.

Allegedly, during trial, the defendant testified in his own defense and denied knowingly participating in any fraud. The jury ultimately acquitted him on the conspiracy count but convicted him on both substantive counts of wire fraud. The probation office prepared a presentence investigation report recommending sentencing enhancements, including a two-level increase under U.S.S.G. § 2B1.1(b)(4) for being in the business of receiving and selling stolen property and another two-level increase under § 3C1.1 for obstruction of justice. Continue Reading ›

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Federal sentencing laws impose strict limits on the types and lengths of punishment courts may impose, even when the facts of a case are particularly egregious. A recent Florida decision issued in a violent crime case reaffirms the non-waivable nature of statutory maximum penalties and emphasizes the principle that sentencing authority is confined by congressional mandate, as the court vacated a 15-year term of supervised release, finding that the district court exceeded its statutory authority, even though the defendant purportedly “stipulated” to the excessive term. If you are accused of a violent crime, it is smart to speak to a Tampa violent crime defense lawyer about what measures you can take to protect your interests.

History of the Case

It is alleged that the defendant engaged in a violent campaign of crimes against gay men in Miami while on probation. Reportedly, the defendant used a dating app to lure victims under false pretenses. On multiple occasions, the defendant brandished a firearm, forced victims into vehicles, and drove them to banks or stores to withdraw money or buy gift cards. Allegedly, the crimes escalated to physical assault, with one victim being beaten and another shot multiple times. The defendant reportedly made hateful, homophobic statements to his victims and expressed an intent to punish them for their sexual orientation.

It is reported that a federal grand jury indicted the defendant on 17 counts, including carjacking, kidnapping, brandishing, and discharging a firearm in furtherance of a crime of violence and bank robbery. The defendant pleaded guilty to all charges without a plea agreement. Continue Reading ›

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In Florida, a DUI arrest must be supported by probable cause based on the totality of the circumstances. While direct observation of driving is often central to this analysis, officers may rely on credible information from civilian witnesses and circumstantial indicators of impairment. This was demonstrated by a recent Florida opinion that reinforced that citizen informants and corroborating evidence can support an arrest, even where the defendant is not caught in the act. If you are charged with a DUI offense, it is critical to understand your rights, and you should talk to a Tampa DUI defense attorney regarding your case.

Factual and Procedural History

It is alleged that the defendant was arrested following a crash involving a vehicle registered to him that collided with a business located in a shopping plaza. The defendant had driven the vehicle to a bar within the plaza earlier that same evening. After the incident, law enforcement responded to a 911 call placed by the bar manager, who had been alerted to the crash by his security guard.

It is reported that when officers arrived, the defendant’s vehicle had already been moved from the crash site, and the defendant was observed standing nearby with two other individuals. None of the officers witnessed the crash or directly observed the defendant operating the vehicle. However, officers testified that the bar manager identified the defendant as the vehicle’s owner and stated that his security guard had seen the crash. Continue Reading ›

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In Florida criminal matters, a conviction must be based on legally sufficient evidence proving every element of the charged offense beyond a reasonable doubt. If the prosecution fails to meet this burden, a defendant can challenge their conviction on appeal, as illustrated in a recent Florida decision issued in a weapons crime case where the defendant successfully argued that the State failed to present adequate evidence of an essential element of the charged crime. If you are facing gun crime charges or wish to appeal a conviction, it is smart to confer with a skilled Tampa gun crime defense attorney promptly.

History of the Case

It is alleged that the defendant was charged with possession of a firearm by a convicted felon in violation of Florida law. Reportedly, during trial, defense counsel stipulated that the defendant was a convicted felon, but the trial court did not conduct a formal colloquy to confirm the defendant’s knowing and voluntary waiver of his right to require the State to prove that status beyond a reasonable doubt. It is reported that the State failed to introduce either a certified record of the defendant’s prior felony conviction or a formal stipulation into evidence.

It is alleged that following the trial, the jury returned a guilty verdict, and the defendant was sentenced to one year of reporting probation. The defendant subsequently appealed the conviction, arguing that the State’s failure to introduce sufficient evidence of his prior felony conviction constituted a fundamental error requiring reversal. Continue Reading ›

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Federal sentencing laws provide mechanisms for defendants to seek reductions in their sentences under specific legal standards. When a defendant requests a sentence reduction, the court must evaluate whether extraordinary and compelling reasons justify such relief and whether the reduction aligns with sentencing guidelines and public safety considerations. A recent Florida case examined these factors when a defendant convicted of numerous violent crimes sought a reduction based on a newly proposed amendment. If you have questions about post-conviction relief, it is smart to consult an experienced Tampa violent crime defense attorney as soon as possible.

Facts of the Case and Procedural History

It is alleged that the defendant pleaded guilty to multiple federal offenses, including conspiracy to commit carjacking, carjacking, brandishing a firearm in furtherance of a crime of violence, conspiracy to commit access device fraud, and aggravated identity theft. Reportedly, the defendant was sentenced to a total of 120 months of imprisonment. The sentencing court considered the defendant’s youth and background but determined that the statutory mandatory minimums applied significantly influencing the overall sentence.

It is reported that the defendant later sought a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), arguing that his age at the time of the offense warranted a downward departure under the newly proposed Amendment 829. Allegedly, the defendant contended that this amendment should be applied retroactively, asserting that his youth at the time of the offense should be grounds for a reduced sentence. Continue Reading ›

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In Florida, people are protected against being convicted more than once for the same offense, as it violates their right against double jeopardy. While in some cases, it is clear that multiple convictions violate double jeopardy, in others, it is less so, as illustrated in a recent Florida ruling involving DUI manslaughter and vehicular homicide convictions. If you are charged with a crime, it is smart to speak to an experienced Tampa criminal defense lawyer about what you can do to safeguard your rights.

History of the Case

It is reported that the defendant was charged and convicted of multiple offenses, including DUI manslaughter and vehicular homicide, stemming from a single-car accident that resulted in a fatality. Allegedly, the defendant was driving under the influence of alcohol when he lost control of the vehicle, causing a crash that killed his passenger. The State charged the defendant with DUI manslaughter under Florida Statutes § 316.193 and vehicular homicide under § 782.071, among other offenses.

Reportedly, the defendant pled guilty to these charges and received concurrent sentences for the convictions. However, following sentencing, he filed a motion to withdraw his plea, arguing that his trial counsel failed to inform him of a double jeopardy violation arising from convictions for both offenses related to the same death. He also challenged fines, costs, and probation conditions imposed during sentencing, asserting errors in their statutory basis and applicability. Continue Reading ›

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In criminal cases involving severe charges, the discretion of trial courts in sentencing and the imposition of probationary conditions often come under scrutiny. A recent Florida opinion examines these issues in the context of a second-degree murder conviction, shedding light on the boundaries of judicial authority. If you are facing criminal charges, it is crucial to consult with an experienced Tampa criminal defense attorney to ensure that your rights are upheld throughout the legal process.

Case Setting

It is alleged that the defendant was charged with first-degree murder but later pled no contest to second-degree murder with a firearm as part of a plea agreement. The charges stemmed from the defendant’s role in orchestrating the murder of the victim, who was the father of her child. Allegedly, the defendant hired another individual to carry out the murder, which occurred outside the victim’s residence while their child was asleep inside the home.

Reportedly, the plea agreement mandated a minimum sentence of 25 years but allowed the trial court discretion to impose up to a life sentence. At the sentencing hearing, the trial court considered evidence of the defendant’s role in planning the murder, as well as testimony presented by both the defense and prosecution. Ultimately, the court imposed a sentence of 53 years’ imprisonment followed by probation for life. As part of the probationary conditions, the trial court reportedly included several special conditions, such as prohibiting contact with the victim’s family, requiring completion of parenting classes, and mandating participation in GED or vocational training.

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In criminal proceedings, the reliability of jury verdicts is fundamental to the justice system. As such, if a jury issues a verdict that does not align with the evidence presented at trial, it may constitute grounds for vacating a conviction. In a recent Florida decision issued in a sex crime case, the court addressed the issue of inconsistent jury verdicts, highlighting the constitutional and procedural safeguards that ensure fair outcomes. If you are accused of committing a sex crime, it is crucial to retain a skilled Tampa sex crime defense lawyer to advocate for your rights and address any procedural irregularities.

Factual Background and Procedural Setting

It is alleged that the defendant was charged with multiple offenses, including a count of sexual battery by penetration. At trial, the jury found the defendant guilty of sexual battery by penetration but issued a special verdict explicitly stating that penetration had not occurred. This inconsistency was reportedly confirmed through a jury poll requested by defense counsel. Despite the apparent contradiction, no objection to the verdict was raised at trial, nor was a motion for arrest of judgment filed.

Reportedly, the defendant appealed, and the court initially affirmed the conviction without opinion. Subsequently, the defendant filed a petition alleging ineffective assistance of appellate counsel for failing to argue that the inconsistent verdict constituted fundamental error. The court found merit in this claim, concluding that the verdicts were “truly inconsistent” and warranted further review. A second appeal was then granted, limited solely to the issue of the inconsistent verdict. Continue Reading ›

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Florida courts are bound by certain guidelines when issuing penalties in criminal matters. For example, they can only consider certain factors when determining penalties. As demonstrated in a recent Florida sex crime case, if they deviate from those factors, the defendant may have grounds for vacating their sentence. If you are charged with a sex crime, you should consult a Tampa sex crime defense attorney to help you protect your rights at every stage of the legal process.

History of the Case

It is alleged that the defendant entered a no-contest plea to a series of charges spanning six pending felony cases. These charges reportedly included robbery with a firearm, aggravated battery with a firearm, burglary, fleeing or attempting to elude law enforcement, tampering with a witness (a life felony), and multiple drug offenses. As part of the plea agreement, the State agreed to dismiss some charges and two entire cases. In return, the defendant was to receive no more than 15 years in prison, subject to possible youthful offender treatment.

Reportedly, during the sentencing hearing, witnesses presented testimony about dropped and uncharged offenses involving the defendant. One witness described the circumstances of a robbery case that was dismissed as part of the plea agreement. Another described an alleged incident of tampering with a witness in a homicide investigation despite the defendant not being charged in that matter. The sentencing judge cited these incidents, along with other dropped charges, when imposing a 15-year sentence followed by three years of probation. Following sentencing, the defendant moved to withdraw his plea, arguing that the trial court improperly relied on these impermissible factors. The motion was denied without a hearing, and the defendant appealed. Continue Reading ›