Monday, May 23, 2011

Law Updates for May 20, 2011

Zeigler, 36 FLW 1029, 2nd DCA, Sentencing Vindictiveness.  Sentence greater than referenced by defense counsel when originally announcing that def wanted to enter open plea.  Presumption of vindictiveness in this case arose, although record did not show that judge initiated plea negotiations, he advocated that def enter open plea by warning def of potential consequences of proceeding to trial and made remarks which evidenced departure from role of impartial arbiter by endorsing strength of State's case and telling def that he would "rue the day" he decided to exercise his constitutional right to a trial.

Hart, 36 FLW 1033, 1st DCA, Joinder of offenses.  Trial court abused discretion in granting State's motion for a single trial offenses of sex battery, kidnapping, agg battery, and armed robbery against one victim with a charge of carjacking against the other victim.  Although the two criminal episodes were separated only by a few hours and a couple of blocks, these factors were not sufficient to prove a proper and significant link between the crimes.  The mere fact of temporal and geographic proximity is not sufficient itself to justify joinder except to the extent it proves a proper and significant link between the crimes.

Boyington, 36 FLW 1036, 1st DCA, Community control - Error to revoke based solely on allegation that def changed address without permission where there was no showing that it was willful and substantial where def incarcerated in another county during the relevant period.

The Law Offices of Roger P. Foley,P.A.

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