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In Stracar v. State, 38 Fla. L. Weekly D2209a (Fla. 4th DCA 2013), Stracar was convicted of two counts of vehicular homicide. Stacar argued that the trial court erred in denying her motions for judgment of acquittal on the basis that the State's evidence failed to...
In Shea v. State, 38 Fla. L. Weekly D2205b (Fla. 4th DCA 2013), Shea appealed the denial of a rule 3.800(a) motion to correct an illegal sentence, The Appellate Court reversed in part.Shea was convicted as charged of 1st degree premeditated murder with a firearm for...
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...
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...
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...
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,...
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D2184a (Fla. 2nd DCA 2013), a trial court order was reversed due to the fact that the trial court judge relied on outdated law.In that case, Moore filed a motion to suppress items discovered during a stop.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...
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...
In Rodriguez, the Eleventh Circuit Court of Appeals vacated a four-level enhancement under federal sentencing guidelines section 2B1.1(b)(2)(B), after concluding that the Government had failed to present any "reliable and specific evidence" to support its contention...
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...
