FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

No reversals reported.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ J.A.H. v. State of Florida, Docket # 2D17-4027

Juvenile delinquency petition for Theft of a Motor Vehicle and three counts of Burglary reversed and dismissed.  Police pulled over a stolen car, and all 5 occupants ran.  J.A.H. admitted he knew the vehicle was stolen but did not provide any information about the burglaries, vehicle theft, or where he had been seated in the vehicle.  At the trial, J.A.H. was not identified by any victim, or on any video surveillance recording, and J.A.H. moved for a judgment of acquittal which was denied.  The Second DCA reversed and granted the motion, finding the evidence was insufficient to prove Defendant had committed any acts that would constitute the crimes charged.

CLICK TO READ Russell Rioux v. State of Florida, Docket # 2D17-4042

Sentence for second degree felony of Lewd and Lascivious Molestation on a Person Less than Twelve by a Person Less Than Eighteen was illegal, split sentence of prison and life probation exceeded the 15 year maximum for a second degree felony.

CLICK TO READ Seth Taylor v. State of Florida, Docket # 2D18-1598

Appeal of judgment of criminal contempt, Second DCA held that the official transcript and the audio recording does not support the trial court’s determination that Defendant uttered contumacious words to justify a finding of contempt

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ State of Florida v. J.B. Parker, Docket # 4D18-3112

CRAZY PROCEDURAL HISTORY DATING BACK TO 1982.  This is a death penalty case.

State appeal of motion to suppress held without an evidentiary hearing based on a prior record of another suppression hearing.  Order reversed and remanded for a new suppression hearing, law of the case doctrine did not apply.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ K.R. v. State of Florida, Docket # 5D18-3137

Juvenile appeals commitment to non-secure residential program. Trial court failed to make written finding mandated by Florida Statutes 985.441(2)(d). State concedes error. A juvenile, who is on probation for a misdemeanor and who is being adjudicated for a technical probation violation, may be committed to a nonsecure residential placement only if the court finds by a preponderance of the evidence that the protection of the public or the particular needs of the child would best be served by such a placement. Finding must be in writing. Affirm adjudication of delinquency, but reverse commitment.

CLICK TO READ Richard Figueredo v. State of Florida, Docket # 5D18-3120pdf

3.800(a) appeal from summary denial. Five-year driver license suspension was illegal. Sentenced after plea on trafficking methamphetamine to 7 years Department of Corrections as Habitual felony offender (HFO). Florida Statute 322.055(1) provides for a 1 year suspension. Court erred and provided no explanation for revocation length. Reverse and remand with instructions.

CLICK TO READ Roderick Angelo Shoulders, Jr. v. State of Florida, Docket # 5D19-520

Petition alleging ineffective assistance of appellate counsel. Deny in part, grant in part. Order new appeal limited to issue of the weight of the evidence for the special verdict finding in claim three. indicted for first-degree murder with a firearm (count I); attempted felony murder with a firearm (count II); and two counts of robbery with a firearm (counts III and IV). Jury made special verdict findings that Shoulders carried, used, and discharged a firearm causing the death of Jacob Almond and great bodily harm to Bryce Phillips. Denied motion for new trial. Sentenced to life in prison with 25 year minimum mandatory. Appellate counsel was ineffective in failing to raise an argument regarding the weight of the evidence that Shoulders either discharged a firearm or discharged a firearm causing great bodily harm. Remanded with instructions that new appeal be limited to the weight of the evidence as to the jury’s findings that he personally carried, used, and discharged a firearm causing great bodily harm or death.

CLICK TO READ Terry Allen Register v. State of Florida, Docket # 5D18-3916

Appeal following open plea and conviction for possession of methamphetamine where he admitted violating probation. Court revoked probation and sentenced to 8 years. Simultaneous motion to withdraw plea and notice of appeal. Court dismissed motion determining that it lacked jurisdiction. State concedes this was in error. Reverse and remand for trial court to rule on motion to withdraw plea.

CLICK TO READ Timothy Riordan v. State of Florida, Docket # 5D17-2956

Appeals prison sentence, challenging the constitutionality of Florida Statute 775.082(10). Argues court failed to make sufficient findings to impose prison sentence. Requires judge, not jury, to make a finding of dangerousness, which is necessary to increase prison sentence. Brown v. State, 260 So. 3d 147, 151 (Fla. 2018). Sentence was based on judicial finding and not harmless. Court would still reverse because trial court’s reasoning was inadequate. Riordan scored 21.3 points. Presumptive nonstate prison sentence. May only be sentenced to prison if there are written findings supported by competent, substantial evidence “that a nonstate prison sanction could present a danger to the public.” The court “must make findings to establish a nexus between sentencing an offender to a nonstate prison sanction and the resulting danger that a nonstate prison sanction could present to the public.” Reed v. State, 192 So. 3d 641, 648 (Fla. 2d DCA 2016). Reversed and remanded.