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 we’ll cover include Downward departure, downward departure sentence, criminal punishment code score sheet, sentencing de novo, de novo review, certified conflict, revocation of probation, competent and substantial evidence, written order, oral pronouncement, burglary, trespass, theft, criminal mischief, confession of error, fundamental error, standard jury instruction, 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
UNITED STATES SUPREME COURT
CLICK TO READ Quarles v. United States, Docket # 17-778
Michigan crime of Third Degree Home Invasion burglary is a “violent felony” under 18 U.S.C. § 924(e) and qualifies for enhanced sentencing under the Armed Career Criminal Act, enhanced sentence to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) unanimously affirmed.
FLORIDA SUPREME COURT
CLICK TO READ Derek Lang Shine, Jr. v. State of Florida, Docket # SC18-688
Certified conflict with District Court ruling and Florida Supreme Court. The proper remedy upon reversal of a sentence due to the invalidity of a downward departure is resentencing de novo. Trial court imposed sentence below lowest permissible under the Criminal Punishment Code (CPC) score sheet. Third District Court reversed and remanded for “resentencing within the sentencing guidelines.” Shine sought review due to conflict of cases that held that trial court could impose new downward departure sentence. Nothing in in the CPC precludes imposition of downward departure.
FIRST DISTRICT COURT OF APPEAL
CLICK TO READ Gary P. Ledsome v. State of Florida, Docket # 1D18-3859
Ledsome appeals revocation of probation. One of the grounds for revocation not supported by competent and substantial evidence. Conflict of arrest dates so failure to report was not established in record. Trial court did not indicate whether it would revoke probation and impose the same sentence absent a violation for failure to report to the probation officer. Written order of revocation does not conform to the trial court’s oral pronouncements, the latter of which controls. Reversed and remanded for further proceedings.
SECOND DISTRICT COURT OF APPEAL
No reversals this week.
THIRD DISTRICT COURT OF APPEAL
CLICK TO READ Montrell Williams v. State of Florida, Docket # 3D18-1188
Appeal judgment and sentence for burglary, trespass, theft and criminal mischief. Florida Standard Jury Instruction (Criminal) 3.7, “Plea of Not Guilty; Reasonable Doubt; and Burden of Proof,” was not given to the jury, nor was it included in the written jury instructions. State confesses error. Fundamental error to fail to instruct jury on standard jury instruction. Reverse the conviction and sentence and remand for a new trial.
FOURTH DISTRICT COURT OF APPEAL
No reversals this week.
FIFTH DISTRICT COURT OF APPEAL
No reversals this week.
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SPECIFIC SEARCH TERMS (TAGS)
Downward departure, downward departure sentence, criminal punishment code score sheet, sentencing de novo, de novo review, certified conflict, revocation of probation, competent and substantial evidence, written order, oral pronouncement, burglary, trespass, theft, criminal mischief, confession of error, fundamental error, standard jury instruction
