In Sprott v. State, 38 Fla. L. Weekly D2238a (Fla. 1st DCA 2013), Sprott pled guilty to count one: uttering a forged bill, count two: possession of forged notes, count three: attempted scheme to defraud, and count four: possession of a forged, stolen, or fictitious...
Tampa Federal Criminal Defense Lawyer
Year: 2013
Court Reverses Carjacking Conviction on Double Jeopardy Grounds
Figgs timely appealed his sentence on double jeopardy grounds his sentences for carjacking with a firearm, sentences, and armed robbery. He contends that the trial court committed fundamental error in adjudicating him guilty and sentencing him on both the armed...
Prosecutor Withheld Information In Regard to a Juror
In Davis v. State, 38 Fla. L. Weekly D2247b (Fla. 1st DCA 2013) a prosecutor withheld knowledge of a sitting juror's involvement in the law enforcement investigation of the case being tried although the prosecutor was unquestionably aware of that fact.The prosecutor...
Defendant’s Testimony Delayed in Navy Veterans Assoc. Fraud Trial
The testimony of a man accused of running an allegedly fraudulent Tampa charity called has been delayed due to the birth of his defense attorney's child . The 66-year-old defendant has been charged with theft, fraud and money laundering because, prosecutors claim,...
Trial Court Order Reversed for Relying on Outdated Law
In Moore v. State, 38 Fla. L. Weekly D2184a (Fla. 2nd DCA 2013), a trial court order was reversed due to the fact that the trial court judge relied on outdated law.In that case, Moore filed a motion to suppress items discovered during a stop. An officer had stopped...
Guilty Pleas Do Not Preclude Ineffective Assistance of Counsel Claims Based on Double Jeopardy
In Barritt v. State, 38 Fla. L. Weekly D2183a (Fla. 1st DCA 2013), Barritt appealed an order summarily denying his Rule 3.850 ineffective assistance of counsel motion and amended motion for post-conviction relief.The First District Court of Appeal found that the lower...
Assets Seized by Florida or the Feds After a Criminal Charge?
Many people don't realize that being charged with a crime can result in many or all of their assets being seized by the government. Both Florida and the federal government have granted themselves the authority to confiscate any property law enforcement believes can be...
Defendant Granted New Appeal on Double Jeopardy Issue
In Hankins v. State, 38 Fla. L. Weekly D2198a (Fla. 5th DCA 2013), Hankins sought another appeal, alleging ineffective assistance of appellate counsel for counsel's failure to argue that his convictions and sentences violated double jeopardy.The court affirmed his...
Federal Crimes Court Rules on Entrapment
The Cortes decision from the Ninth Circuit Court of Appeals is an important sentencing entrapment ruling in which the Ninth Circuit held, for the first time, that a Tampa federal crimes attorney and a federal defendant "is entitled to present his sentencing entrapment...
Federal Crimes Sentencing Guidelines USSG 3B1.3 “Special Skill”
In Berry, the Tenth Circuit issued a logic-defying federal crimes decision which held that a defendant's possession of a commercial driving license qualified as a "special skill" within the meaning of federal sentencing guidelines section 3B1.3; and it affirmed the...