Appellate Mandates

Appellate Mandates issued after a decision is published.

Documents

Created Date Wednesday, 27 April 2016
Filesize 16 Kilobytes

Anderson V State, 1D15-207

Double Jeopardy of soliciting and travelling.  States that if state did not charge more than one soliciting count, then it is DJ. 

Created Date Wednesday, 15 June 2016
Filesize 214 Kilobytes

Batchelor V State, 2D15-308

Batchelor V State had two elements, unlawful use of two way communication and attempted lewd and lascivious.  This was a mother looking for a mentor for minor daughter scenario.  The state tried to argue that the two way communication with a computer was not the same as when he as using the phone, but the court decided that the charges were not written that these were separate activities and vacated the use of two way communication.  Went through attempted elements and upheld those elements.

Created Date Monday, 13 June 2016
Filesize 14 Kilobytes

Cantrell V State, 1D12-4952

Remanded from FSC on DJ issue.  Per the directions from FSC, soliciting charge is vacated, remanded for resentencing. 

Created Date Thursday, 29 June 2017
Filesize 198 Kilobytes

Carpenter V State, SC15-2125

In this case the decision from the 1st DCA is reversed and it was determined that officers were not acting in good faith when they conducted a warrantless search of his cellphone. 

Created Date Thursday, 11 February 2016
Filesize 43 Kilobytes

Chepelevich V State, 2D13-6219

DJ on solicitation and traveling.  " Because his dual convictions were based upon the same conduct, they violate the prohibition against double jeopardy. "

Created Date Tuesday, 02 February 2016
Filesize 14 Kilobytes

Dettle V State 1D14-1382

Use of 2 way communication is DJ but determined that solicitation is not DJ with travelling

Created Date Thursday, 28 April 2016
Filesize 43 Kilobytes

Doom V State 2D13-4229

A decision on double jeopardy that soliciting is DJ with travelling.  The FSC declined jurisdiction on 4/28/2016 and this decision stands.

Created Date Wednesday, 03 February 2016
Filesize 13 Kilobytes

Dorsey V State 1D14-195

While the conviction was affirmed, this decision stated that when doing 3.800 to remove sex offender probation, no other elements can be added.  Probation can only include elements included orally at original sentencing.

Created Date Wednesday, 26 October 2016
Filesize 14 Kilobytes

Elsberry V State, 1D12-6093

On remand from FSC, soliciting charge was determined to be DJ.  Remanded for vacating soliciting charge.

Created Date Thursday, 28 April 2016
Filesize 50 Kilobytes

Exantus V State, 2D13-3630

This case found DJ on receiving information on a minor for purpose of solicitation, use of two way communication and travelling.  This was certified conflict, but on 4/27/2016 FSC refused jurisdiction so this decision stands. 

Created Date Thursday, 06 February 2014
Modified Date Sunday, 13 March 2016
Filesize 122 Kilobytes

Gennette v State

Mandate from Gennette v State in which Mr. Gennette's conviction was overturned.  This decision was based on the entrapment elements that LE led Gennette into including the minor when he was interested in the older sister.  A significant part of the finding was based on the fact that the State conceded that Gennette did not have predisposition.

 

Created Date Saturday, 14 January 2017
Filesize 130 Kilobytes

Griffith V State, 5D15-4203

Griffith V State 5D15-4203.  This case revolved around if solicitation charge was DJ with travelling.  This case decided no DJ, because soliciting on day one set up meeting on day 3.  However on day 2 communications changed meeting to day 2.  So since soliciting was only charged on day one and travelling only for day two, decision was that this was 2 criminal episodes.

Created Date Friday, 13 January 2017
Filesize 26 Kilobytes

Grimes V State, 1D15-782

This appeal relates to if an issue is dispositive and therefore subject to appeal.  The original opinion was that the MTD on entrapment was not dispositive and the appeal was dismissed with the option to withdraw plea.  After rehearing, this decision affirmed but certified the question to Florida Supreme Court on if a DCA is required to accept the lower court's decision on what is dispositive. 

Created Date Tuesday, 02 February 2016
Filesize 50 Kilobytes

Guevara V State 2D13-5330

Reversed for new trial due to error in jury selection.  Defendant asked for gender neutral justification for eliminating 2 males from jury pool, decision states that according to law gender neutral decision apply to males as well as femails.

Created Date Saturday, 06 February 2016
Filesize 69 Kilobytes

Holt V State, 5D14-3269

This case determined that Use of Two Way Communication was DJ with Travelling.  Note - Solicitation was dismissed before sentencing. 

Created Date Wednesday, 03 February 2016
Filesize 55 Kilobytes

Holubek V State 5D14-1339

Decision that use of two way communications is DJ with soliciting or traveling

Created Date Sunday, 21 August 2016
Modified Date Sunday, 21 August 2016
Filesize 20 Kilobytes

Honaker V State 5D15-4156

Honaker V State decision DJ on both soliciting and use of two way communication.  Affirmed on other issues.  In this particular case the decision was that while DJ was only requested on soliciting, DJ also applied to Use of Two Way Communication. 

Created Date Saturday, 22 October 2016
Filesize 236 Kilobytes

Hughes V State 5D14-4516

In this case LE replied to an ad placed on Craigslist by Hughes.  Discussion occurred on one day but Hughes said he could not meet that day.  When LE initiated discussion the next day, they did arrange to meet.  The charges were done as soliciting on one day and travelling for the next.  DJ was granted although there is extensive discussion on if this was a single criminal episode.  There is also a lengthy dissenting opinion by Judge Berger on why the DJ should not have been granted. 

Created Date Saturday, 27 February 2016
Modified Date Saturday, 27 February 2016
Filesize 12 Kilobytes

Johnston V State - 1D14-4074

Solicitation is DJ with travelling

Created Date Thursday, 28 April 2016
Filesize 71 Kilobytes

Kim V State 2D13-6244

Decision that solicitation is DJ with travelling.  FSC declined jurisdiction on 4/28/2016 so this decision stands.