Eliza Hope's Legal Cases (2)

Appeals

Simplice v. State 134 So. 3d 555 (Fla. 5th DCA 2014)

Mar 14, 2014

OUTCOME: Vacate the sentences and remand for resentencing before different judge.

The Defendant in Simplice v. State was able to obtain resentencing before a different judge where the original judge participated in plea discussions, offering a 15.25 year term; upon defendant’s convi ... ction at trial, the judge imposed a total sentence of 40 years. This 262% increase (which was not explained by the court) created a presumption of vindictiveness which the state had failed to rebut. Because vindictiveness is a fundamental error, trial counsel’s failure to raise the issue did not forfeit appellate review. http://www.5dca.org/Opinions/Opin2014/031014/5D12-4371.op.pdf

Appeals

Calloway v. State 118 So.3d 277 (Fla. 5th DCA 2013)

Jul 26, 2013

OUTCOME: Reversed and remanded with directions.

Background: Defendant was convicted on his plea of nolo contendere in the Circuit Court, Orange County, Janet C. Thorpe, J., of possession of a weapon by a convicted felon and possession of 20 grams or ... less of cannabis. Defendant appealed. [Holding:] The District Court of Appeal, Lawson, J., held that police officers lacked reasonable suspicion to detain defendant after they conducted a “knock and talk” at his home. Reversed and remanded with directions.

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