FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Aaron Beal Wanless v. State of Florida, Docket # 1D17-448

Conviction for five counts of Aggravated Assault with a Firearm affirmed, but sentence reversed.  Trial court lacked authority to impose consecutive sentences under the 10-20-Life statute because the convictions stemmed from a single criminal act.

CLICK TO READ Andrew Brown v. State of Florida, Docket # No. 1D18-3623

Summary denial of Rule 3.850 motion reversed based on ineffective assistance of counsel in conviction for Trafficking in Cocaine reversed, evidentiary hearing ordered

CLICK TO READ Joshua Troy Dooly v. State of Florida, Docket # No. 1D18-2455

Trial court lacked jurisdiction to revoke probation and resentence him because he had already served the statutory maximum time on probation before the filing of the probation violation affidavit.  Appellant discharged.

CLICK TO READ Michael Deshon Daniel v. State of Florida, Docket # No. 1D18-0516

Conviction for Vehicular Homicide, Fleeing or Eluding a Law Enforcement Officer after high-speed chase affirmed in part, “single homicide rule” precludes convictions for Vehicular Homicide and First Degree Fleeing or Eluding, conviction reduced to Second Degree Fleeing or Eluding

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ State of Florida v. William Francis Bellamy, Docket # 2D17-806

State appeal of downward departure sentence, sentence of probation for Aggravated Battery reversed, court’s finding that Defendant required specialized treatment for a mental disorder that is unrelated to substance abuse or addiction and for a physical disability, and Defendant was amenable to treatment not supported by competent, substantial evidence

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ George Heath v. State of Florida, Docket # 3D18-2117

Summary reversal of motion for jail credit/post-conviction relief reversed, Defendant was entitled to benefit of plea bargain that he would serve his state sentence in a Federal prison concurrently with the longer Federal sentence.

CLICK TO READ Randon Link v. State of Florida, Docket # 3D19-0759

Petition for writ of mandamus compelling the trial court to hold a hearing on Stand Your Ground immunity round immunity pursuant to Florida Statutes § 776.032(1), trial court wrongly denied petitioner’s request for a hearing.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ David Puzio v. State of Florida, Docket # 4D17-3034

Sentences on two counts of First Degree Murder and Armed Carjacking reversed, 40-year mandatory minimum did not apply where no jury found that he actually killed, intended to kill, or attempted to kill the victims

CLICK TO READ Jabari Kemp v. State of Florida, Docket # 4D15-3472

Conviction for Vehicular Manslaughter reversed, case remanded for Frye hearing to determine admissibility of State’s expert witness testimony as to cause of the car crash that killed 5 people.

CLICK TO READ Lina Nickie Dunkley v. State of Florida, Docket # 4D18-3063

Summary denial of Rule 3.850 motion reversed, State did not respond and court did not attach portions of record which conclusively refuted Defendant’s claims.

CLICK TO READ Nickolas White v. State of Florida, Docket # 4D17-3500

Sentence of life imprisonment for First Degree Murder committed as a juvenile reversed, trial court erred in failing to order a Pre-Sentence Investigation Report prior to resentencing.

CLICK TO READ Yohaniz Ceballos Palomino v. State of Florida, Docket # 4D18-197

Convicted of aggravated battery with a deadly weapon and two counts of violation of a domestic violence injunction following a nine-day trial. Transcript for one day missing. Court reporter affidavit that electronic files and backup files missing. Defendant and State agree that record could not be reconstructed. Confession of error. Agree that case should be remanded and a new trial ordered.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Brian McKenzie v. State of Florida, Docket # 5D18-2206

Appeals order designating a sexual predator. Appellant completed sentence. Trial court lacked jurisdiction. Completed community control and probation in April 2015. Three years later State seeks to designate a sexual predator. Objections at hearing over trial court entering order designating sexual predator. May be designated sexual predator at sentencing or after sentencing, but while sentence is being served. Plain language in section 775.21, Florida Statutes.

CLICK TO READ Contesa Gissendanner v. State of Florida, Docket #5D18-150

Appeals judgment and sentence. Affirmed. Reversed imposition of investigative costs and remanded for new hearing. Award of investigative costs was not supported by competent, substantial evidence.

CLICK TO READ Frank Adams, Jr. v. State of Florida, Docket # 5D18-2424

Appeal denial of motion for return of personal property. Acquitted Adams on the charge of possession of sexual performance by a child but found him guilty on the remaining charges. Seized property was personal property not fruit of criminal activity. State not holding as evidence. Timely moved within statute of limitations. Trial court had inherent authority and jurisdiction to return property. Remanded for hearing on which section applies. Conflict of statutes.

CLICK TO READ Michael Lewis-Steven Johns v. State of Florida, Docket # 5D18-1877

Appeals denial of motion for post-conviction relief per 3.850. Pro se. Trial counsel was ineffective for failing to argue that the trial court impermissibly considered unsubstantiated matters at sentencing. Failure to preserve may be ineffective. Trial court must attach portions of the record or hold an evidentiary hearing.

CLICK TO READ Nickki PIerre Charles v. State of Florida, Docket # 5D18-392

Appeals denial of motion for post-conviction relief per 3.850. Pro se. Trial court failed to address grounds. Postconviction court must “make findings of fact and conclusions of law” with respect to the issues raised in the postconviction motion and addressed at an evidentiary hearing. Court’s ruling on the unaddressed ground must be reversed and remanded for the court to enter the required findings.

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ United States v. David Rothenberg, Docket # 17-12349

This case involves the question of how to calculate the amount of restitution a possessor of child pornography must pay to a victim whose childhood sexual abuse appears in the pornographic images he possessed but did not create or distribute.  District Court’s restitution order requiring him to pay a total of $142,600 in restitution to nine victims depicted in the images of child pornography affirmed in part, reversed and vacated in part.