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 Rule 3.850, post-conviction relief, 10-20-Life, correct illegal sentence, name change petition 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.

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FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

No reversals reported.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Jerry Thomas v. State of Florida, Docket # 2D19-3830

 Pro se appeals denial of motion for post-conviction relief pursuant to Rule 3.850. Affirm denial of claims since this is supported by record evidence. Record supports that the post-conviction court failed to rule on the second subclaim in claim eight of his motion. Issue eight dealt with police testimony, but the postconviction court never addressed Thomas’s claim that the trial court impermissibly admitted evidence of “general criminal behavior,” and it did not attach any portions of the transcript relating to this issue.

It is an abuse of discretion to admit testimony that is based solely on generalized patterns of criminal behavior. See, e.g., Damen v. State, 793 So. 2d 106, 108 (Fla. 2d DCA 2001); Lewis v. State, 754 So. 2d 897, 902 (Fla. 1st DCA 2000). However, when a police witness is properly qualified as an expert and can provide opinion testimony rather than factual testimony on the issue

of general criminal behavior, such evidence may be admissible. See Damen, 793 So. 2d at 108 (citing Scarlett v. State, 704 So. 2d 615, 616 (Fla. 4th DCA 1997)).

Remand for court to rule on that subclaim. On remand, the postconviction court may again summarily deny this claim if it can attach portions of the transcript that support its decision. Otherwise, Thomas is entitled to an evidentiary hearing on this claim.

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

 FOURTH DISTRICT COURT OF APPEAL

 CLICK TO READ Christopher Lamar Sols v. State of Florida, Docket # 4D19-763

 Appeals judgment of conviction and sentence for second-degree murder with possession and discharge of a firearm causing death. Record evidence showed that the trial court did not understand that the sentence was discretionary.

Affirm Sols’ conviction without comment regarding the issues he raised. However, agree with Sols that the trial court misapprehended its discretion in imposing what it believed to be a mandatory life sentence for the crime under the 10-20-Life statute, section 775.087, Florida Statutes (2018). Although Sols will still be subject to a life sentence under the 10-20-Life statute at re-sentencing, a new hearing is required “so that the trial court may exercise its sentencing discretion with the express understanding that” the statute permits but does not mandate a life sentence. See Broadway, 179 So. 3d at 562.

Reverse sentence and remand the case for a new sentencing hearing.

CLICK TO READ Raul Medina Jr. v. State of Florida, Docket # 4D19-3891

Pro se appeals the trial court’s denial of a petition to change his name to Raoul Medina Sir Bey. Appellant disclosed that he had a criminal history and that, in 1997, he had been given a ten-year prison sentence. The petition also included a preprinted statement affirming that Appellant’s civil rights were either not suspended or had been restored. After a final hearing, the petition was denied because of Appellant’s “multiple convictions for 1st degree felonies” and, presumably therefore, “[i]t would be against public policy to permit the name change.”

The requirements for a sufficient name change petition are plainly set forth by statute. See § 68.07, Fla. Stat. (2019). “Ordinarily, a facially sufficient petition for name change should be granted in the absence of evidence of a wrongful or fraudulent purpose.” Hoyos v. Singletary, 639 So. 2d 631, 631 (Fla. 4th DCA 1994). Thus, when a facially sufficient petition is denied, the trial court must set forth a proper factual basis for doing so in its order. In re Zimmer, 207 So. 3d at 1007; Barton v. Cir. Ct. of Nineteenth Jud. Cir., 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995). Merely indicating that Appellant had a criminal history is not a proper basis for denying the petition.

The trial court failed to set forth a proper factual basis for denying the petition in its order reverse and remand to the lower court for further proceedings consistent with this opinion. If the petition is to be denied, the lower court must set forth a factual basis for concluding the name change would further a wrongful or fraudulent purpose or otherwise be inconsistent with the law.

FIFTH DISTRICT COURT OF APPEAL

No reversals reported.

ELEVENTH CIRCUIT COURT OF APPEALS

No reversals reported.

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SPECIFIC SEARCH TERMS (TAGS)

Rule 3.850, post-conviction relief, 10-20-Life, correct illegal sentence, name change petition