FLORIDA SUPREME COURT

No criminal cases reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Shawn Richard Lowry v. State of Florida – 1D17-2942

Petition for writ of certiorari granted, trial court continued involuntary commitment without a jury trial or any inquiry that petitioner knowingly and intelligently waived his right to a jury trial.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Harvey Linen v. State of Florida – 2D16-3691

Conviction for felony Leaving the Scene of a Crash with Injury and misdemeanor Leaving the Scene of a Crash with Property Damage, and revocation of probation.  Misdemeanor leaving the scene reversed, felony conviction affirmed; the verdicts were inconsistent

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Antione Hastie v. State of Florida – 4D18-3159

Appeal of order denying Rule 3.800 motion to correct illegal sentence, Violent Career Criminal designation vacated

CLICK TO READ J.R., a child v. State of Florida – 4D18-1719

Adjudication of Juvenile Delinquency for Attempted Armed Robbery vacated, court failed to conduct comprehensive evaluation

CLICK TO READ Kevin Roland v. State of Florida – 4D18-3033

Appeal of a sanction order prohibiting pro se filings, trial court erred in prohibiting further pro se filing without a warning or additional circumstances showing that Defendant egregiously abused the legal process.

CLICK TO READ Robert Morrill v. State of Florida – 4D18-781

Appeal of guilty plea to Dealing in Stolen Property, False Ownership, Grand Theft, Possession of a Controlled Substance, sentence reversed, trial court erred in determining that the State met its burden in proving value of a stolen necklace.

CLICK TO READ Val Viladoine v. State of Florida – 4D16-218

Conviction for Sexual Battery Upon a Child Less than Twelve Years of Age reversed and dismissed, trial court erred in allowing the State to amend Information during trial to change the theory of prosecution, and error to admit hearsay statement of child complainant that raised serious concerns of the complainant’s competence at the time the statement was given.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Eric Lucaine Ward v. State of Florida, Docket # 5D17-2441

Convictions for two counts of Aggravated Child Abuse reversed and new trial ordered, trial court erred in excluding a defense witness as a sanction for failing to disclose the witness.

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ United States v. Terin Moss, Docket # 17-10473

Conviction for being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and sentence as an Armed Career Criminal to 180 months in prison.  Sentence reversed because prior Georgia conviction for aggravated assault under O.C.G.A. § 16-5-21(a)(2) under a theory of reckless assault does not qualify as a violent felony under the Armed Career Criminal Act.