FLORIDA SUPREME COURT

No reversals reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Joshua Lee Colley v. State of Florida, Docket # 1D19-2831

Appeals judgment and sentence after violation of probation. Argues the plea colloquy was not proper under Florida Rule of Criminal Procedure 3.172(c). Claims he was not apprised of the consequences of admitting to violating terms and that the plea was not knowingly, voluntarily, and intelligently entered into. The minimum colloquy in such proceedings “must inform the defendant of the allegations against him, his right to counsel, and the consequences of an admission or the right to a hearing and it shall afford him an opportunity to be heard.” Johnson v. State, 107 So. 3d 1153, 1154 (Fla. 1st DCA 2013); Donaldson v. State, 219 So. 3d 996 (Fla. 1st DCA 2017). Reversed and remanded.

SECOND DISTRICT COURT OF APPEAL

No reversals reported.

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ Joel Gonzalez v. State of Florida, Docket # 3D18-980

Appeals convictions and sentences for aggravated burglary with a firearm (count 1), armed kidnapping with a firearm (count 2), attempted second degree murder with a firearm (count 3), and possession of a firearm by a convicted felon (count 4). Count 4 was bifurcated. Following the jury trial and a guilty verdict on counts 1 through 3, was sentenced on those counts to forty years in state prison followed by ten years of probation. Appellant seen looking at a ford Mustang for sale by police. Latent palm print pulled from car. Lineup had men that looked like appellant. Theory of defense was misidentification. No direct physical evidence linking him to the crime.  Judgment of convictions and sentences are reversed on all four counts, and the case is remanded for a new trial. The new trial is to be conducted by a different circuit judge.

CLICK TO READ Joseph Lamar Yearby v. State of Florida, Docket # 3D20-1051

Habeas corpus motion to reduce bond which was set at $1,010,000 pending his trial on charges of racketeering/RICO, conspiracy to traffic in Oxycodone and conspiracy to traffic illegal drugs. Argues the trial court failed to take evidence on the factors enumerated in section 903.046, Florida Statutes. Has approximately forty-six prior criminal convictions. Did not mention those in his first motion to reduce bail. Almost a year later filed instant petition. In Camara, this Court held that the failure to hold an evidentiary hearing and make the requisite statutory findings is sufficient to warrant relief in the form of granting a petition for habeas corpus and remanding for further proceedings. 916 So. 2d at 947. “Where the evidence at a bond hearing is insufficient on [the requisite statutory findings], habeas corpus should be granted and the cause returned to the trial court for a new determination.” Id. (citing Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998)). First motion had nothing requiring evidentiary hearing. This motion does. Petition granted.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Jose Reyna v. State of Florida, Docket # 4D19-2306

Reverse convictions for three counts of sexual battery because the trial court abused its discretion in admitting evidence of a collateral crime. Remand for a new trial in which the collateral crime evidence is excluded. Convicted of three counts of sexual battery under section 794.011(5)(b), Florida Statutes (2015), by a person eighteen years of age or older upon a person over eighteen. All three counts arose from one encounter; count 1 alleged digital penetration of the victim’s vagina, count 2 alleged oral penetration or union with the victim’s vagina, and count 3 alleged penile penetration or union with the victim’s vagina. Victim was friends with couple. Were socializing at a bar and went home with them where she continued drinking. Series of flashes as to what happened. Williams Rule evidence of an incident a few years earlier. Problem comes with the wording of Williams Rule case law and statutory construction. Need to show a clear pattern of conduct. Too dissimilar here.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ J.F.T., a child v. State of Florida, Docket # 5D20-907

J.F.T. sought to expunge juvenile record pursuant to certificate of eligibility from FDLE. State concedes that everything was met, but that the records should be available in case he gets convicted later.Although section 943.0585 provides that “any request for expunction of a criminal history record may be denied at the sole discretion of the court,” Florida courts have consistently held that such discretion is not unfettered. See, e.g., S.L.P. v. State, 949 So. 2d 1150 (Fla. 3d DCA 2007); Cole v. State, 941 So. 2d 549 (Fla. 1st DCA 2006); Godoy v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003); Oymayan v. State, 765 So. 2d 812 (Fla. 1st DCA 2000); Anderson v. State, 692 So. 2d 250 (Fla. 3d DCA 1997). The words “sole discretion” as used in this section do not permit the arbitrary denial of expunction. Anderson, 692 So. 2d at 253. In exercising its discretion, the trial court must consider all the facts and circumstances and may not deny the petition based solely on the nature of the crime. See Cole; Godoy; Oymayan; Anderson.

CLICK TO READ Renee Katherine Mangini v. State of Florida, Docket # 5D19-3643

Appeals revocation of probation following a hearing. Charged with violating four conditions of probation. Found that the trial court abused its discretion in finding that Appellant willfully and substantially violated her probation in both case numbers 2012-CF-0889 and 2012-CF-1185. The State’s evidence failed to satisfy the State’s burden to prove, by a preponderance of the evidence, that Appellant willfully and substantially violated her probation in both cases as to each of the alleged probation violations. State’s proof was solely hearsay. Reversed and remanded.

CLICK TO READ State of Florida v. Joronjaye Leprino Teague, Docket # 5D19-3677

State appeals trial court’s order granting a new trial. Trial court did not have jurisdiction to hear and rule on motion for new trial. Remand for resentencing where trial court should impose an adjudication of guilt on the fleeing and eluding charge and withhold adjudication on drug possession charge.

CLICK TO READ Willie Dell Singleton Jr. v. State of Florida, Docket # 5D19-2001

Appeals final judgment and sentence for second degree murder with a firearm and an order finding him guilty of violating his probation. Affirm the murder conviction without discussion. However, as the State concedes, reversal is required on the violation of probation order because the violation of probation affidavit is absent from the record on appeal. Because the record reflects the possible existence of the affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the affidavit. If the trial court locates the affidavit on remand, it is directed to enter a written order specifying the conditions of probation found to have been violated

ELEVENTH CIRCUIT COURT OF APPEALS

CLICK TO READ United States v. Albert Stephens, Jr., Docket # 19-12007

Appeals order denying motion for sentence reduction under the First Step Act of 2018. Crime was covered under the act, but it is not clear from the record that the district court knew it had the authority to reduce. Vacated and remanded.

CLICK TO READ United States v. Alfonso Howard, Jr., Docket # 19-13483

Appeals order denying motion for sentence reduction under the First Step Act of 2018. Crime was covered under the act, but it is not clear from the record that the district court knew it had the authority to reduce. Vacated and remanded.

CLICK TO READ United States v. Kyle Michael Brewer, Docket # 19-12499

Appeals order denying motion for sentence reduction under the First Step Act of 2018. Crime was covered under the act, but it is not clear from the record that the district court knew it had the authority to reduce. Vacated and remanded.