FLORIDA SUPREME COURT

No criminal cases reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ State v. Anthony Smith, Docket # 1D17-2911

State appeal of grant of Rule 3.850 motion for post-conviction relief, post-conviction relief reversed, conviction reinstated.  Defense counsel not ineffective for failing to ask Defendant where he was on the night of the alleged robbery

CLICK TO READ Keita Jermaine Gaymon v. State, Docket # 1D17-3335

Sentence on violation of probation reversed, trial court’s findings that Defendant could present a danger to the public if subject to a non-prison sentence was unconstitutional because it made factual findings beyond prior criminal history.  The factual findings to enhance the sentence were required to be made by a jury.  Sentence reversed

SECOND DISTRICT COURT OF APPEAL

No reversals reported.

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ William Baker v. State, Docket # 3D17-1881

Opinion clarified, if the State wants to charge a Defendant for separate offenses for use of a Computer Service or Device to Solicit the Parent of a Child to Engage in Unlawful Sexual Activity and Travelling to Meet a Minor for Unlawful Sexual Activity, the charging document must be clear on its face that the solicitation for one offense is separate and distinct from the conduct constituting solicitation on the other offense to avoid Double Jeopardy problems.

CLICK TO READ State v. Armando Socarras, Docket # 3D18-0783

State appeal of order suppressing three post-Miranda statements, reversed in part to deny suppression of two of the three statements.  Defendant, a police officer charged with corruption, did not reasonably believe that he was compelled to give all three statements under threat of job loss, and therefore, the statements were not improperly coerced.

FOURTH DISTRICT COURT OF APPEAL

No reversals reported.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Jesse Graham Berben v. State, Docket # 5D17-1428

Conviction for 20 counts of Possession of Child Pornography affirmed, but sentence of 100 years violated Eighth Amendment where trial court improperly considered uncharged crimes of distributing child pornography, and equated that conduct with actual physical and sexual abuse of a minor.

Dissenting opinion pointed out that the issue was not preserved by timely objection nor was it briefed.

CLICK TO READ State v. Kurt Andrew Grammig, Docket # 5D17-3416

State appeal of order dismissing Sexual Battery, Aiding and Abetting Sexual Battery, and Kidnapping on statute of limitations grounds.  26-year delay in prosecution was not unreasonable where statement made diligent attempts to locate the Defendant, and Defendant fled the state and used multiple aliases.

CLICK TO READ State v. Richard C. Schuler, Docket # 5D18-3086

The State of Florida timely appeals the trial court’s imposition of a downward departure “time served” jail sentence following the defendant’s open plea. Because the sole basis for which the defendant sought a downward departure sentence is not supported by competent substantial evidence, reversed and remanded for further proceedings.

CLICK TO READ Charles E. Smith v. State, Docket # 5D18-3528

Summary denial of motion for jail credit pursuant to Rule 3.801 without opportunity to file a sufficient, amended motion reversed.

CLICK TO READ Arthur M. Rish v. State, Docket # 5D18-3657

Summary denial of Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel reversed and remanded to afford Defendant the opportunity to refile a sufficient motion.