Appellate And Post-Conviction Wins

CASE NO.: 8-14-CV-2181-MSS-JSS

A successful 2255 motion resulting from an erroneous Armed Career Criminal designation.

Middle District of Florida, Tampa Division, District Court Judge Mary S. Scriven initially denied our federal 2255 motion. After analyzing our motion for reconsideration, Judge Scriven reversed course and granted our client's federal 2255 motion. Judge Scriven ordered our client's Armed Career Criminal status removed, revoked his original sentence and ordered a resentencing.

CASE NO.: 8:06-CR-460-T-27-EAJ, 8:16-CV-142-T-27-EAJ

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Life Sentence Vacated. As a result of our firm's legal efforts, the Eleventh Circuit Court of Appeals vacated our client's life sentence and remanded the case to the district court. Our client was represent by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

CASE NO.: 12-12257

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Life Sentence Vacated. As a result of our firm's legal efforts, the Eleventh Circuit Court of Appeals vacated our client's life sentence and remanded the case to the district court. Our client was represent by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

CASE NO.: 14-15577

A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and a one hundred and eighty month prison sentence for attempt to entice a minor to engage in a sexual act.

Reversed and remanded in part due to the district court's failure to make a factual finding about a disputed statement in the presentence investigation report.

LOPEZ v. STATE CASE NO.: 5D17-319

The Fifth District Court of Appeal upheld a circuit court decision granting our client's motion to suppress evidence. After a motion to suppress hearing, the circuit court granted our client's motion to suppress evidence of a gun. As a result of this ruling, the State of Florida was forced to dismiss the case against our client. However, before doing so, the State of Florida appealed the circuit court's decision to the Fifth District Court of Appeals.

After careful review, the Fifth District Court of Appeals cited to the case we argued in our appellate brief (State v. Cable, 51 So.3d 434 (Fla. 2010)) as controlling precedent and sided with our client. Further, the Fifth District Court of Appeal issued a per curiam affirmed decision thereby prohibiting the State of Florida from appealing to the Supreme Court of the State of Florida. Our client is forever free on these charges.

CASE NO.: 15-2360

An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of 25 years in state prison on one count of trafficking in over 200 grams of methamphetamine.

Case reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal overturned circuit court jury conviction and dismissed the case.

SHELLEY v. STATE CASE NO.: SC14-755

An appeal to the Florida Supreme Court, by the State of Florida, of the Second District Court of Appeal's decision vacating Shelley's conviction and sentence resulting from a sting operation for soliciting the consent of a parent to have sex with a minor on the legal grounds of double jeopardy.

As a result of our firm's appellate efforts, including an oral argument before the Florida Supreme Court, the Florida Supreme Court affirmed the Second District Court of Appeal's decision to vacate one count of Mr. Shelley's conviction and sentence on the legal ground that convictions for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent violates double jeopardy. Shelley is in prison on a separate charge.

STATE V. DAVID CASE NO.: 11-CF-3882

A 3.850 post conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial on four counts, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to life in prison.

As a result of our firm's legal efforts, Circuit Court Judge Jon B. Morgan granted his 3.850 motion after a full hearing and vacated our client's life sentence and ordered that he be given a new trial.

STATE V. BAILEY CASE NO.: 08-CF-011717

A 3.850 post conviction motion alleging that our client was entitled to be resentenced pursuant to Miller v. Alabama because he previously proceeded to trial as a juvenile offender and was sentenced to life in prison.

As a result of our firm's legal efforts, our client was given a full juvenile resentencing hearing and Circuit Court Judge Emmett Battles found that our client did not deserve a life sentence. Our client's life sentence was vacated and he was resentenced to a term of fifty years, with a sentencing review hearing after twenty-five years.

THOMAS V. STATE CASE NO.: 2D15-406

An appeal to the Second District Court of Appeal from a conviction and sentence for First Degree Murder. While our client's appeal was pending, our firm filed a 3.800 motion with the Sixth Judicial Circuit to correct an illegal life sentence.

Judge Joseph A. Bulone granted our 3.800 motion, vacated our client's sentence of life and subsequently resentenced our client to thirty years.

STATE V. HOUSTON CASE NO.: 08-CF-011964

A 3.850 post conviction motion alleging ineffective assistance of counsel. Our client proceeded to trial, represented by a lawyer not affiliated with our firm. wherein he was ultimately convicted and sentenced to a mandatory twenty years in prison, followed by ten years probation.

As a result of our firm's legal efforts, our client's twenty year mandatory sentence was vacated and he was sentenced to thirteen years followed by a term of probation.

STATE v. COBY CASE NO.: 15-CF-001979

A 3.800 motion to the Tenth Judicial Circuit Court to correct an illegal sentence based on incorrect advice of a lawyer unrelated to our firm.

Judge J. Kevin Abdoney granted our 3.800 motion, vacated our client's sentence and ordered our client resentenced in accordance with the law.

MASON v. STATE CASE NO.: 2D14-5846

An appeal to the Second District Court of Appeal from a conviction and sentence for six counts of attempted murder with an AK-47.

Case reversed in part. As a result of our firm's appellate efforts, the Second District Court of Appeal ordered a resentencing.

STATE v. HAYES CASE NO.: 12-CF-003139

A 3.800 motion to the Eighth Judicial Circuit Court to vacate the plea and sentence based on incorrect advice of a lawyer unrelated to our firm.

Judge David Kreider granted our 3.800 motion, vacated our client's plea and vacated her 15 year prison sentence.

GREENLEE v. STATE CASE NO.: 1D13-4634

An appeal to the First District Court of Appeal from a conviction and sentence for four counts of possession of any firearm by a convicted felon.

Case reversed. As a result of our firm's appellate efforts, the First District Court of Appeal vacated three convictions and sentences on the legal grounds of double jeopardy.

SHELLEY v. STATE CASE NO.: 2D13-1941

An appeal to the Second District Court of Appeal from a conviction and sentence for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent.

Case reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal vacated the conviction and sentence on the legal grounds of double jeopardy.

CASE NO.: 2D11-1577

An appeal to the Second District Court of Appeal from a jury conviction and sentence for conspiracy to commit racketeering (RICO) and conspiracy to deliver heroin.

Case reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal vacated the circuit court jury conviction for conspiracy to deliver heroin.

CASE NO.: 2D12-1027

An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and sentence for attempted first-degree murder of a law enforcement official.

Denial of 3.850 hearing reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal overturned the circuit court's denial of the appellant's pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.

CASE NO.: 4D12-1059

An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and a sentence of life in prison for sexual battery upon a child less than twelve, lewd and lascivious molestation of a child less than twelve, lewd and lascivious conduct with a child less than sixteen.

Denial of 3.850 hearing reversed. As a result of our firm's appellate efforts, the Fourth District Court of Appeal overturned the circuit court's denial of the appellant's pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.

CASE NO.: 5D10-2162

An appeal to the Fifth District Court of Appeal from a conviction and corresponding sentence of 22 years in state prison for a violation of probation

Case reversed. As a result of our firm's appellate efforts, the Fifth District Court of Appeal overturned the circuit court conviction and corresponding 22-year state prison term.

CASE NO.: 2D04-1097

An appeal to the Second District Court of Appeal from a jury conviction and sentence of 5 years in prison on a count of DUI with serious bodily injury.

Case reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five year state prison term.

CASE NO.: 2D02-1304

An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of 15 years in state prison on one count of trafficking in methamphetamine and one count of possession with the intent to deliver methamphetamine.

Case reversed. As a result of our firm's appellate efforts, the Second District Court of Appeal overturned circuit court jury conviction.

CASE NO.: 48-03-CF-7419-A-O

An appeal to the Second District Court of Appeal from a VOP conviction and sentence of 6 years in state prison for a violation of probation for burglary of a dwelling.

As a result of our firm's legal efforts, the circuit court vacated his 6-year state prison term and reduced his sentence to credit for time already served.

CASE NO.: 03-CF-19901, 03-CF-22060

A 3.850 post conviction motion to from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction resulting in two consecutive life sentences. Our client entered an open plea to Circuit Court Judge Tharpe on two separate robbery with a firearm cases and received two consecutive life sentences.

As a result of our firm's legal efforts, Circuit Court Judge Michelle D. Sisco granted our 3.850 motion after a full hearing and vacated our client's two consecutive life sentences resulting in an eighteen year sentence with credit for time served. Our client will not die in prison and instead will be reunited with his family and friends in a few short years.

CASE NO.: 08-CF-006927

A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court, filed by a lawyer not affiliated with our law firm, resulted in the State seeking a higher sentence upon remand.

As a result of our firm's legal efforts, the State Attorney agreed to offer credit for time served on the vacated sentence resulting in a sentence reduction of one year.

CASE NO.: 09-CF-016407

A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction and sentence of 25 years in state prison.

As a result of our firm's legal efforts, the State Attorney agreed to vacate our client's 25-year state prison sentence prior to the start of a 3.850 hearing.

STATE v. WOODARD CASE NO.: 38-02-CF-000119, 38-02-CF-000378

A 3.850 post conviction motion to the Eighth Judicial Circuit Court resulting from a guilty conviction (when our client was represented by a different law firm) from a VOP and a sentence of 10 years in state prison.

As the result of our firm's legal efforts, the State Attorney filed a motion to reverse and vacate. The Eighth Judicial Circuit granted the motion, reversed our client's original probation violation convictions and vacated our client's prison sentence.

CASE NO.: 03-CF-2585

A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our firm and corresponding conviction and sentence of five years in state prison and 10 years of sex offender probation.

As a result of our firm's legal efforts, then Circuit Court Judge Anthony K. Black vacated his 5-year state prison term and terminated his 10-year term of sexual offender probation.

STATE V. WOOD-GONZALEZ CASE NO.: 13-CF-001872, 12-CF-05845, and 12-CF-05846

A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 43.2 months in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

Judge Daniel Perry granted our 3.800 motion, vacated our client's 43.2 month state prison term and instead resentenced him to 24 months to run concurrently on all cases.

CASE NO.: 04-CF-8349

A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 60 months in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

Judge Daniel Perry granted our 3.800 motion, vacated our client's 43.2 month state prison term and instead resentenced her to probation.

STATE v. WILLAMS CASE NO.: 90-CF-7926, 94-CF-4370

A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 12 years in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

Judge Chet A. Tharpe granted our 3.800 motion, vacated our client's 12 year state prison term and instead resentenced him to probation.

STATE v. GUARDIOLA CASE NO.: 03-CF-009684

A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.

Judge Thomas Barber granted our 3.800 motion, vacated the original term of state prison and reduced it by 75 percent. With credit for time already served, our client was later released.

STATE v. MOSLEY CASE NO.: 08-CF-14335

Appellate Background: A successful Writ of Habeas Corpus vacating the conviction and sentence for Failure of a Sex Offender to Register.

Appellate Result: Conviction Reversed and Sentence Vacated. As the result of our firm's legal efforts, the court granted our writ of habeas corpus, reversed our client's conviction, and vacated our client's original sentence (resulting from when our client was represented by a different law firm). In the eyes of the law, it was as if the case never happened.