Jack Palmeri, Esq.
Jack Palmeri, a former New York City prosecutor with 19 years of experience in criminal law, is a Senior Associate for Weinstein Legal’s criminal division, practicing across Florida and its Federal Courts. You can reach him directly at 888-408-0253 or at www.Weinstein-Legal.com.
In this Florida Criminal Caselaw Roundup we’ll be discussing the latest developments in Florida criminal law, criminal appeals, and post-conviction relief.
Cases that we’ll cover include Burglary of an Unoccupied Dwelling, violation of probation, circumstantial evidence, illegal sentence, Rule 3.800 motion, illegal sentence, mandatory minimum, kidnapping, robbery, carjacking, and more.
The Florida Criminal Caselaw Roundup is a blog and video podcast by criminal defense, criminal appeal and post-conviction attorney Jack Palmeri, summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of Florida. Our sponsoring attorney will digest the latest reversed convictions throughout the Florida Supreme Court and the Florida District Courts of Appeal,
This is a FREE service designed to give you the cutting edge of developments in Florida criminal law, appeals, and post-conviction relief.
Visit us at www.Weinstein-Legal.com
FLORIDA SUPREME COURT
No reversals reported.
FIRST DISTRICT COURT OF APPEAL
No reversals reported.
SECOND DISTRICT COURT OF APPEAL
CLICK TO READ State of Florida v. Joel David Fay, Jr., Docket # 2D17-4863 and 2D18-933
State appeal of order dismissing charge of Burglary of an Unoccupied Dwelling and dismissal of violation of probation. Trial court dismissed burglary charge based upon insufficient circumstantial evidence, which was DNA evidence. Undisputed facts did not fail to disprove Fay’s reasonable hypothesis of innocence. Violation of probation based on burglary charge was also therefore improper.
THIRD DISTRICT COURT OF APPEAL
CLICK TO READ Derrick Allen v. State of Florida, Docket # 3D18-2375
Appeal of denial of Rule 3.800 motion to correct illegal sentence. 3 year mandatory minimum sentences were illegal because the verdict form failed to provide the “clear jury finding” that Allen personally possessed a firearm, a prerequisite for imposition of the three-year mandatory minimum sentence. The verdicts did not contain a finding that Allen personally possessed a firearm during the commission of kidnapping, robbery, and carjacking. There was a co-defendant.
FOURTH DISTRICT COURT OF APPEAL
No reversals reported.
FIFTH DISTRICT COURT OF APPEAL
No reversals reported.
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SPECIFIC SEARCH TERMS (TAGS)
Burglary of an Unoccupied Dwelling, violation of probation, circumstantial evidence, illegal sentence, Rule 3.800 motion, illegal sentence, mandatory minimum, kidnapping, robbery, carjacking
