Appellate Mandates

Appellate Mandates issued after a decision is published.

Documents

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. 

Created Date Thursday, 30 June 2016
Filesize 15 Kilobytes

Lashley V State, 1D15-277

This case clearly laid out that both Use of computer for soliciting and use of two way communication is DJ with travelling. 

Created Date Friday, 02 December 2016
Filesize 95 Kilobytes

Lee V State, 1D15-0943

Lee V State, 1D15-0943 and 1D15-0945.  In this case the DJ decision focuses on the fact that the solicitation and use of two way communication cover a 12 day period with travelling is the following day (Day 13) and did constitute a single criminal act.  The decision was that this was DJ and case was remanded for resentencing with a corrected score sheet.  The cross-appeal was on the downward departure and was denied because the state did not object after sentencing so this was not preserved for appeal.  Extensive dissenting opinion on the DJ decision.

Created Date Thursday, 01 June 2017
Filesize 290 Kilobytes

Lee V State, 1D15-0943 Rev

This opinion issued June 1, 2017 reversed the decision from Nov 2016 and determines that because this case occurred over a period of twelve days that there are multiple occurrences and this is not double jeopardy

Created Date Saturday, 14 January 2017
Filesize 47 Kilobytes

Littleman V State, 1D14-1642

NOTE this decision was withdrawn the day after release.  Littleman V State, 1D14-1642.  This is one of the remands from FSC on DJ issue.  This case had 2 soliciting charges, 1 to uncle, 1 to niece.  The majority opinion is that these are two separate criminal episodes so one soliciting charge should be dismissed.  Dissenting opinion was that the two charges were intertwined and it should not be left for trial court to flip a coin to decide which charge to dismiss.  Recommended dismissing both or hearing to determine is one or two criminal episodes.

Created Date Friday, 29 April 2016
Filesize 18 Kilobytes

Maher V State, 2D14-5538

DJ on soliciting and travelling.  While the state argued that they could have charged multiple charges of solicitation, the decision stated that since they did not and cannot argue against DJ on might have. 

Created Date Wednesday, 15 June 2016
Filesize 15 Kilobytes

McCarthy V State, 1D13-2387

McCarthy V State was remanded from FSC for DJ issue on solicitation, decided use of two way communication was also DJ, traveling is only remaining charge. 

Created Date Thursday, 11 February 2016
Modified Date Thursday, 11 February 2016
Filesize 52 Kilobytes

Meythaler V State, 2D14-4364

This is a solicitation of minor since the chatter on Cl replied that they were two girls aged 14 and 15.  Decision that since the state did not charge for original communication a month before traveling, but only for solicitation on day of travelling  so cannot claim multiple solicitation events after plea.  Also filed motion for DJ prior to plea but court did not rule so still had right to appeal on this issue.

 

 

Created Date Sunday, 31 July 2016
Modified Date Sunday, 31 July 2016
Filesize 107 Kilobytes

Mills V State, 5D14-2814

While there were several issues in this case, only decision on DJ reversing soliciting and use of two way communication.  The court found the other issues were either not errors or the errors were harmless, but no specifics were provided on which were harmless and which were not errors.

 

 

Created Date Wednesday, 03 February 2016
Filesize 118 Kilobytes

MIzner V State 2D13-1917

Reversed on attempted sexual battery charge because he planned to meet 'mother' at restaurant but did not show overt act.  Also affirmed DJ on soliciting and use of two way communication act, certified conflict for FSC.

Created Date Saturday, 06 February 2016
Modified Date Saturday, 06 February 2016
Filesize 20 Kilobytes

Morgan V State, 5D11-3421

In this Mother - Daughter styled case, Morgan went to trial and was found not guilty on all but the travelling charge (transcript is located in transcript folder).  He appealed on the fact that he was denied the entrapment jury instruction.  The case was reversed on "In criminal proceedings, however, that discretion is circumscribed by the defendant's right to have the jury instructed on the theory of a valid defense"  Since he had filed a MTD that was denied the DCA determined that this was an element of his defense and not up to the judge to determine if it was one that he thought to win.   NOTE - the State decided to dismiss this charge rather than take back to trial. 

Created Date Saturday, 04 June 2016
Filesize 12 Kilobytes

Noell V State, 1D15-5352

This was an appeal on a denial of a motion to correct sentence (records show use of two way communication and travelling were final charges).  The court upheld the denial of the motion, but remanded for court to remove sex offender status from use of two communication charge as this is not in the statutes under SO registry requirements. 

Created Date Tuesday, 02 February 2016
Filesize 54 Kilobytes

Oyler V State 5D14-307

Reversed for new trial, entrapment instruction must be provided to jury if a part of defense strategy.  Judge cannot decide if enough evidence to justify entrapment.  Also additional opinion on errors in comments made by prosecutor that would have been error if not reversed for entrapment instruction.

Created Date Tuesday, 06 September 2016
Filesize 104 Kilobytes

Pamblanco V State, 5D16-691

This is an appeal of post conviction relief case.  Decision on DJ, remanded for resentencing. 

Created Date Friday, 28 October 2016
Filesize 106 Kilobytes

Peng V State 5D16-1480

Appeal of a 3.850 Ineffective Assistance of Counsel.  This was remanded back to trial court for evidentiary hearing for affirmative misadvice.  Peng took a no-contest plea based on the defense attorney stating that as a sex offender his picture would not be on the registered sex offender site. 

Created Date Tuesday, 02 February 2016
Filesize 123 Kilobytes

Ready V State, 4D13-2870

Ready V State, decision that solicitation is DJ with travelling even if there is a break in communication. 

Created Date Thursday, 18 February 2016
Modified Date Thursday, 18 February 2016
Filesize 42 Kilobytes

Rivera V State - 2D13-6103

Another decision on solicitation is DJ with travelling.  Affirmed the denial of the motion for judgment of acquittal on entrapment

Created Date Thursday, 11 February 2016
Filesize 53 Kilobytes

Rivera V State, 2D13-5639

This is a drug sting case but the element of the appeal is the denial of testimony relating to prior criminal history.  There is significant discussion on inducement as part of the entrapment defense and the defendant's right to introduce evidence on lack of predisposition as this is the heart of an entrapment defense.

Created Date Tuesday, 02 February 2016
Filesize 51 Kilobytes

Rodriguez V State 2D14-272

Decision that solicitation is DJ with traveling even when solicitation occurred over multiple days.

Created Date Wednesday, 03 February 2016
Filesize 54 Kilobytes

Rodriguez V State 5D14-1218

Granted 3.850 on ineffective assistance on counsel due to not notifying of double jeopardy prior to taking plea.  Also stated that responding to an ad in adult website that does not indicate child is not soliciting.