FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ A.D.H. v. State of Florida, Docket # 1D18-4953

Juvenile delinquency for tampering with an electronic monitor reversed, remanded.  Trial court failed to hold a competency hearing and make a competency determination

CLICK TO READ Jalyn Virginia Brownworth v. State of Florida, Docket # 1D18-4113

Violation of probation based upon failure to attend substance abuse evaluation reversed, revocation hearing was based solely on hearsay.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Debra Lee Angeles v. State of Florida, Docket # 2D18-1870

Defense counsel filed a motion to withdraw plea after sentencing which the court denied without appointing conflict-free counsel or hearing argument from Angeles. Because the motion was facially sufficient and established an adversarial relationship with counsel, this was error.

CLICK TO READ Keondra Tyriek Meuse v. State of Florida, Docket # 2D18-659

Reversal of restitution judgment, restitution hearing was conducted in appellant’s absence. At the hearing, defense counsel advised the trial court that he did not know if Meuse waived his presence, and he posited that a restitution hearing was not a critical stage of the proceedings. This was incorrect; a defendant has the constitutional right to be present at a restitution hearing.

CLICK TO READ State of Florida v. Ricky Don Welch, Docket # 2D17-4520

State appeal of order to suppress evidence seized after Mr. Welch was discovered unresponsive behind the wheel of his car.  Trial court reversed, officer’s observations gave him a reasonable basis to conduct an investigatory stop.

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ State of Florida v. Marcia Lynne Sills, Docket # 4D19-1585

State petition for a writ of certiorari, seeking to quash the circuit court’s order granting the defendant’s motion to preclude the state from presenting a physician to provide expert opinion testimony that the defendant, a medical doctor, did not prescribe controlled substances in good faith and in the course of professional practice. The State argues that the order departs from the essential requirements of the law and causes irreparable harm as the State would have no right of appeal if the defendant is acquitted. The Fourth DCA agreed with the State and grant the petition.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ William Turner v. State of Florida, Docket # 5D18-3772

William Turner was convicted of selling methamphetamine, possessing methamphetamine with the intent to sell, and unlawfully using a two-way communication device. On appeal, he argues that the trial court erred in disallowing his closing argument that the lack of fingerprint evidence relating to the baggie containing the methamphetamine constituted reasonable doubt. The Fifth DCA agreed and reverse.