Appellate Mandates

Appellate Mandates issued after a decision is published.

Documents

Created Date Saturday, 20 February 2016
Modified Date Saturday, 20 February 2016
Filesize 50 Kilobytes

Saunders V State, 5D15-1708

This is an entrapment case, but not sure of what the arrest relates to.  This is a denial of a 3.850 for ineffective assistance of counsel.  The specific element is "1) counsel was ineffective for failing to advise Saunders or investigate viable defenses, including those related to entrapment" .  The appellate court found that "We find that claim 1, ineffective assistance of counsel for misadvising Appellant that “there are no laws against entrapment,” is not conclusively refuted by the record attachments.  The plea colloquy reflects that the trial court did not ask Appellant if he and trial counsel had discussed entrapment; therefore, this is remanded for an evidentiary hearing."   

Created Date Friday, 27 May 2016
Filesize 230 Kilobytes

Senger V State, 5D13-1961

Senger V State, 5D13-1961 - this was an appeal on multiple grounds including entrapment. This was a mother - daughter Craigslist ad for family fun. The DJ was granted but entrapment was denied because law enforcement merely provided an opportunity and did not induce him to commit the crime. Useful discussion on entrapment issues. He was denied the sex offender probation element because it was part of the negotiation for downward departure. Other elements were denied because 3.800(b)(2) motions to correct sentencing error were not filed prior to filing to first brief.

 

Created Date Wednesday, 03 February 2016
Filesize 25 Kilobytes

Snow V State 1D14-2063

Ruled that the traveling charges are not included in the sex offender probation codes and reversed for sentencing correction.  If specific elements are included in oral sentencing, these can be part of sentence but not blanket SOP.

 

Created Date Saturday, 06 February 2016
Filesize 13 Kilobytes

Soliman V State, 2D14-5007

This decision states that DJ can be an element of an appeal when taking plea.  Also discusses difference between open plea and negotiated plea and that just because individual got reduced sentence does not make it negotiated plea.  Granted DJ for solicitation and travelling. 

Created Date Saturday, 20 February 2016
Filesize 56 Kilobytes

Stapler V State, 5D13-4384

This is a Solicitation is DJ with travelling decision.  Includes elements relating to appeal on DJ if plea and that state cannot claim multiple events of solicitation if they only charged one.  Also has probation decision that element of no contact with minors is overbroad and modified to deliberate contact with minors only to those on approved list.  Does not cover incidental contact with minors. 

Created Date Thursday, 11 February 2016
Modified Date Wednesday, 17 February 2016
Filesize 56 Kilobytes

State V Davis, 1D13-0570

This case affirmed the downward departure sentence on the grounds that he did not commit the crimes in a sophisticated manner and this was an isolated incident.  There is also a quote from the trial judge " It would seem improper that the State is able to argue, well, there is a victim in the case. It’s an imaginary victim; it’s the State posing as an individual. But there is a sufficient person on the other end to qualify for the offense of traveling to meet a minor, when, in fact, there is no minor, but the Defendant believed there was; where the State has, in fact, been all of those things in the case, and the Court not be able to consider that as a proper mitigator in the case."

Created Date Wednesday, 03 February 2016
Filesize 156 Kilobytes

State V Shelley, SC14-755

This is the Florida Supreme Court lead case of double jeopardy of soliciting and travelling.  This case decided that soliciting is DJ with travelling.

Created Date Wednesday, 16 November 2016
Filesize 45 Kilobytes

Thomas V State, 2D14-1986

While there evidently were several issues, only issue in decision is DJ.  State could not prove temporal break in charges that were across multiple days so DJ was granted.