Attorney Jeffrey Huntley Garland's Legal Cases

Appeals

Stangarone v State, Case No 4D11-1853

Aug 01, 2012

OUTCOME: Affirmed with leave to seek further relief in the trial court.

Appellant applied to DHSMV for a hardship permit for 4 or more DUI convictions based on amendment to Section 322.271(5), which went into effect 10/1/10. DHSMV denied the permit because the last DUI con ... viction in 1995 did not specify that the permanent revocation was mandatory for DUI under Section 322.28(2)(e)(1993). Stangarone applied to the trial court to correct or clarify the sentence under Rule 3.800(a). The trial cort denied the motion claiming that the permanent revocation was not "illegal" even though it did not set forth the reason for revocation and the only possible basis for revocation was for a fourth offense DUI conviction. The Fourth DCA issued its opinion on 8/1/12 affirming the trial court, but specifically allowed Stangarone to move for relief on the basis that the written judgement does not conform to the sentence which was orally pronounced back in 1995. Stangarone has filed a motion in the Martin County Circuit Court seeking to conform the written sentence to the oral pronouncement. If the trial court refuses to conform the written plea, the Stangarone is requesting to withdraw his plea on the basis that the original sentencing judge told him he could withdraw the plea if, for any reason, he could not follow the plea agreement which specified a permanent DUI revocation. The motion in pending in the circuit court.

Criminal defense

Stand Your Ground Law Defeats Domestic Battery: State "Washes" Pillow Case

Jul 19, 2012

OUTCOME: Part of charges were dismissed and part were dropped.

Mitch Sandler (not his real name) was arrested for domestic battery on 3/31/12. The wife of 15 years had found a new boyfriend and moved out of the marital home the previous Thanksgiving. Being a good ... and decent guy, Mitch allowed the estranged wife back into his home to pick up additional items. This was obviously a big mistake because an argument began over what she could take. Luckily, Mitch called 911 for help and the 911 operator recorded the ensuing activity. Quite plainly, Mitch is heard telling the soon-to-be-ex to leave. After dropping off a load of booty at her vehicle, the soon-to-be-ex attempted to force her way back through the front door. She was not successful in this endeavor and may have suffered some bruising as a result, both to her arm and to her sense of irrational self-importance. Based upon this information Attorney Garland filed a motion to dismiss based upon stand your ground immunity created by Section 776.032(1), Fla Stat. At the immunity hearing the soon-to-be-ex admitted that she had been told to leave, did leave and attempted to force entry to take property. St. Lucie County Judge Clifford H. Barnes immediately saw that the soon-to-be-ex was committing or attempting to commit a burglary; and that Mitch was permitted to use all force including deadly force to defend himself and to prevent unauthorized entry into his home. Judge Barnes entered an order on 5/30/12 dismissing the incident at the door. However, Judge Barnes did not dismiss the part dealing with the soon-to-be-ex' claim that Mitch threw a pillow "at" her. Mitch contended that he tossed a pillow "to" her and was prepared to go to trial. The State realized that prosecution resources might be better employed elsewhere. The State dropped the remaining portion of the prosecution on 7/19/12. In other words, the State washed the pillow case.

Criminal defense

State v Renea Thomas, St. Lucie County Case No 56-2009-CF-004199A

Sep 01, 2011

OUTCOME: All charges dismissed.

U.S. Army Reserve Sgt. Renea Thomas was arrested by the St. Lucie County Sheriff's Office (SLCSO) on 12/17/09. Sgt. Thomas was a corrections officer for the SLCSO. She was accused of stealing money, of ... ficial misconduct, forgery, and uttering a forged instrument. These false and unfounded allegations were completely dropped by the State. A relentless defense investigation estsblished a slipshod internal affairs "investigation" which, but for an impassioned defense, could have derailed a distinguished military and law enforcement career. The charges were shown to be so unsupportable that FDLE reinstated Sgt. Thomas' law enforcement certification, over the objections of the SLCSO, without having to conduct a hearing. Sgt. Thomas has sued the SLCSO under a variety of theories, including a crass violation of her rights under the Uniformed Services Employment and Reimployment Rights Act (USSERRA). A more detailed article describing Sgt. Thomas' defense may be found on Mr. Garland's website.

Criminal defense

Child porn client facing over 1000 years

Aug 17, 2011

OUTCOME: All charges dropped.

Client was arrested based upon allegation brought to police by estranged wife and her paramour. The wife claimed that CDs were found containing 212 individual images of child pornography and a dozen eq ... ually reprehensible and revolting video clips. The client was staring at a sentence of more than 1050 years. The defense investigation revealed that the client was never in possession of the CDs. The estranged wife at first reported that a child brought the CDs to her, but later asserted that she herself found the CDs in th client's bedroom. The wife's story was replete with inconsistencies suggesting extreme malice and hatred. The police seized all computers from the marital home, a stack of CDs, as well as the paramour's computer. The police computer evaluation failed to link the client to wrongdoing. All charges were dropped on 8/17/11, thereby relieving the client from the horror of spending an eternity in prison hell for crimes he did not commit. Attorneys Jeffrey H. Garland and Mark Orr jointly repesented the client in the matter. For obvious reasons the client does not wish to reveal his identity.

Appeals

State v Sabrina Freeman-Jew, 18 So.3d 1254 (Fla. 4th DCA 2009)

Oct 14, 2009

OUTCOME: Client won 15 years additional credit.

Appellant was convicted in 1991 in Polk County for a pair of second degree grand theft cases. She was sentenced to15 years in prison on the first case, but was released after serving just 15 months in ... prison onto 15 years probation in the second case. She was convicted in Polk County in 1996 on a new second degree grand thef case and sentenced to 25 years as a habitual offender. Her probation was violated and she was sentenced to 15 years in prison consecutive to the 25 years.The sentencing court never addressed the first 15 year case. DOC ,therefore, "structured" the sentences to serve 55 years in prison. Appellant retained Attorney Garland to obtain relief. Garland filed a motion to correct sentencing error, alledging that Appellant was entitled to "Tripp" credit. Tripp v State, 622 So.2d 941 (Fla. 1993). The trial court summarily denied relief. The Second DCA reversed on 10/14/09 with instructions to award an additional 15 years of credit from the first case against the second. On remand, the trial court entered an order on 11/23/09 directing the clerk "to amend the Judgement and Sentence in CF91-398-XX to reflect that the Defendant is to receive credit for 15 years of prior prison time served in CF91-2133-XX against the total 15 year sentence imposed in CF91-398-XX". DOC has flatly refused to follow the orders of the Second DCA and the Polk County Circuit Court. The Appellant grieved DOC all the way the Secretary. At the Secretarial level DOC has relented to the extent of allowing most, but not all, of the allowed credit. Attorney Garland has appealed the Secretary's decision by filing a petition for writ of mandamus in the Leon County Circuit Court under Case No 2010-CA-0004111. The main issue is whether DOC has authority to ignore orders of the appeal and trial courts which the State never appealed. Attorney Garland maintains, on behalf of Ms. Freeman-Jew, that DOC has no constitutional authority to refuse to follow valid and final court orders, and that double jeopardy precludes DOC from administatively "restructuring" the sentences to avoid following the court orders, If Appellant prevails, she will be eligible for release in the near future.

Jeffrey Huntley Garland's Legal Cases (5)

Stangarone v State, Case No 4D11-1853

Stand Your Ground Law Defeats Domestic Battery: State "Washes" Pillow Case

State v Renea Thomas, St. Lucie County Case No 56-2009-CF-004199A

Child porn client facing over 1000 years

State v Sabrina Freeman-Jew, 18 So.3d 1254 (Fla. 4th DCA 2009)