FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Albert James Hayes, II v. State of Florida, Docket # 1D17-3466

Defendant sentenced to 90 years in prison based on adult-on-minor sex offense multiplier.  First DCA reversed sentence in part, holding that when the total result on the scoresheet, with the multiplier applied, exceeds the statutory maximum sentence for the primary offense, the sentencing court must not apply the multiplier and must impose the maximum sentence for the defendant’s primary offense.  The court must then look to the subtotal sentencing points with all secondary offenses included, but without the multiplier, to determine the lowest permissible aggregate sentence.

CLICK TO READ Lester Simmons v. State of Florida, Docket # 1D18-191

Defendant convicted of rape in 1967 when he was 15 years old and sentence to life without parole.  He was eventually paroled.  Defendant later filed a Rule 3.800(a) motion, arguing Eighth Amendment prohibited the sentence, and the motion was initially granted.  Later the court rescinded the order.  The First DCA held the trial court did not have jurisdiction to rescind its order because it was a final order not appealed in a timely fashion.

CLICK TO READ Nathan Dygart v. State of Florida, Docket # 1D13-4977

To determine whether multiple convictions of solicitation of a minor, unlawful use of a two-way communications device, and traveling after solicitation of a minor are based upon the same conduct for purposes of double jeopardy, the reviewing court may consider only the charging document.

Lesser conviction reversed

CLICK TO READ Tevin Baldwin v. State of Florida, Docket # 1D18-465 and 1D18-1006

Violation of probation reversed in part, State failed to establish the remaining violations with evidence other than hearsay.

CLICK TO READ Tyler Sherman v. State of Florida, Docket # 1D13-4464

Same holding as Nathan Dygart

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ N.G.S. v. State of Florida, Docket # 2D17-4650

Juvenile delinquent adjudication for Possession of a Firearm and Being a Delinquent Carrying a Concealed Weapon reversed, trial court erred in admitting his confession that the gun belonged to him without independent evidence of the corpus delicti of either delinquent act

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ State v. Richard Calix, Docket # 3D16-2784

Conviction for First Degree Murder when Defendant was 17 years old and sentence to life with parole, sentence ordered to be reconsidered in light, in Franklin v. State, 258 So. 3d 1239 (Fla. 2018)

CLICK TO READ State v. Stanford Ellis, Docket # 3D17-2478

Appeal by the State granting Rule 3.850 motion for post-conviction relief affirmed, trial counsel was ineffective for failing to file a pretrial motion to dismiss based upon pre-arrest delay, and upon counsel’s constitutionally deficient pretrial investigation.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Henock Dieuejuste v. State of Florida, Docket # 4D17-3842, 4D17-3858, and 4D17-3867

Appeal denial of motion to suppress. Pled guilty convicted of possession of cocaine. Revocation of probation on two other cases. Argues stopped without reasonable suspicion. Only one out of four offices testified. Stop based on anonymous call where caller reported seeing drug deal and car filled with drugs. Officer did not observe illegal activity. Officer approached and heard crinkle of a bag as appellant went back into car. Officer searched passenger compartment and found hidden crack cocaine. Reasonable suspicion did not exist. Case reversed.

CLICK TO READ Jeffrey A. Helms v. State of Florida, Docket # 4D17-3811

Appeal life sentence for conviction of robbery with a firearm. Sentenced as prison releasee reoffender. Argues trial court erred in allowing the investigating detective to testify that appellant’s girlfriend advised the detective of his cell phone number, as this was improper hearsay. He also argues that the trial court erred in sentencing him as a PRR, as he was neither committed to nor released from the Department of Corrections within three years of the robbery. Prior inconsistent statement used as impermissible hearsay. Case reversed on both issues.

CLICK TO READ Jennifer Larose Mitchell v. State of Florida, Docket # 4D18-855

Appeal order revoking probation and imposing sentence. Argues that double jeopardy barred consideration of one violation because it had been the basis of a prior modification of probation. Court agrees that double jeopardy barred consideration of one violation. State concedes that the order of violation contains two findings contrary to the oral findings of the court. Court did not find willful violation of conditions. Case reversed and remanded.

CLICK TO READ Rod Lee Bruce v. State of Florida, Docket # 4D17-3740

Appeal burglary convictions. Three issues raised on appeal. The state failed to establish the stolen items were worth at least $100. State’s concession of error as to the improper designation of Bruce as a violent career criminal on his burglary sentences. On remand for resentencing, the trial court should ensure any errors in the scoresheet from the original sentencing are not replicated. Reversed in part and remanded with instructions.

CLICK TO READ T.L.B. v. State of Florida, Docket # 4D18-1907

Adjudication of delinquency for possession of marijuana reversed, suppression granted, search conducted by the school resource officer violated the Fourth Amendment because no reasonable suspicion justified it.

FIFTH DISTRICT COURT OF APPEAL

No reversals reported

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ United States v. Myriam Etienne, Docket # 18-11460

Conviction for 90 counts of fraud and embezzlement of Social Security benefits in violation of 18 U.S.C. § 641 and sentence of 41 months imprisonment.  Sentence reversed, finding the district court erred in applying a two-level sentencing enhancement for abuse of trust under U.S.S.G. § 3B1.3, Defendant did not occupy a position of trust with respect to the Social Security Administration.