FLORIDA SUPREME COURT

No reversals reported this week.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Albert Delon v. State of Florida, Docket # 1D18-3648

Reversal of summary denial of Rule 3.850 motion based in part on ineffective assistance of counsel, remanded for evidentiary hearing

CLICK TO READ Jakobie Milton v. State of Florida, Docket # 1D17-900

No contest plea to Possession of a Firearm by a Felon and Resisting an Officer Without Violence reversed, trial court failed to enter a written order finding Defendant mentally competent to proceed.  Case remanded for determination of competency.

CLICK TO READ Joseph Luis Levin v. State of Florida, Docket # 1D17-5129

Reversal of summary denial of Rule 3.850 motion based in part on ineffective assistance of counsel, remanded for evidentiary hearing

CLICK TO READ Mark Anthony Tolbert v. State of Florida, Docket # 1D17-3240

Conviction for Aggravated Fleeing and Eluding of a Law Enforcement Officer and Driving Under the Influence Causing Property Damage affirmed, sentence of restitution reversed.  Trial court abused its discretion in ordering him to pay the victim the outstanding balance owed on a loan used to finance the purchase of the vehicle Defendant destroyed.  The proper measurement of restitution here was the vehicle’s fair market value at the time of the crime.

CLICK TO READ Troy Gregory King v. State of Florida, Docket # 1D18-1227

Violation of Probation reversed, no competent, substantial evidence that Defendant willfully and substantially violated 3 conditions of probation – violation of electronic monitoring, failure to complete sex offender treatment because Defendant had no money to pay, and failure to pay for electronic monitoring

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Max Newton Horton v. State of Florida, Docket # 2D17-2852

Sentence based on plea to Burglary of a Dwelling and Grand Theft reversed, trial court erred in determining that she failed to establish a legal basis to impose a downward departure sentence based on her need for specialized treatment for a mental disorder.

CLICK TO READ Delorean Feaster v. State of Florida, Docket # 2D17-3612

Conviction for Aggravated Battery and sentence of 62 months imprisonment reversed, “Stand Your Ground” motion was denied but the trial court did not retroactively apply the 2017 amendment, altering the burden of proof.  New hearing ordered.  Second DCA holds that the 2017 amendment applies retroactively, certifying conflict with the Third and Fourth District Court of Appeal.  THIS MAY BE HEADED TO THE FLORIDA SUPREME COURT

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

No reversals reported.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Luis Carlos Rodriguez v. State of Florida, Docket # 5D19-1114

Petition for writ of habeas corpus for bail review granted, denial of bond for Defendant charged with Domestic Battery and Domestic Battery by Strangulation improper where State did not file a motion for pretrial detention

CLICK TO READ Paul Matthew Calzetta v. State of Florida, Docket # 5D19-1065

Petition for writ of habeas corpus for bail review granted, denial of bond for Defendant charged with Trafficking in 200 Grams or More of Methamphetamine and Possession of a Controlled Substance with Intent to Sell or Deliver without a hearing improper, new bail hearing ordered.

CLICK TO READ Derrick Desean Williams v. State of Florida, Docket # 5D18-871

Reversal of summary denial of Rule 3.850 motion based in part on ineffective assistance of counsel, remanded for evidentiary hearing

CLICK TO READ Robert John Shelko v. State of Florida, Docket # 5D18-1162

Sentenced reversed and remanded for new sentencing hearing before a different judge, sentencing court considered unsubstantiated claims of misconduct in sentencing.