TLACEY AL RANDALL
v.
STATE OF FLORIDA
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A trial court improperly sentences a defendant when it relies partly on conduct for which the defendant was acquitted or on uncharged criminal activity.
[1] A trial court may not impose a sentence based in part on conduct for which the defendant was acquitted, as doing so effectively reinstates the acquitted charge and violat…
[2] Sentencing courts must not rely on uncharged criminal activity when determining the appropriate sentence.
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Join FLexlaw to unlock all legal intelligenceRandall was found guilty by jury of possession of marijuana and cocaine (as lesser-included offense of trafficking cocaine) but acquitted of possessio…
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PER CURIAM.
Tlacey Randall was found guilty by a jury of possession of marijuana and possession of cocaine (as a lesser-included offense of trafficking cocaine), and acquitted of possession of drug paraphernalia. The trial court sentenced Randall to the maximum sentence of five years in prison for possessing cocaine. Under the facts presented, we agree with Randall that the trial court sentenced him improperly, by relying partly on the premise that he was trafficking cocaine at the time of the offense, a charge for which he had been acquitted. See Drinkard v. State, 177 So. 3d 993 (Fla. 1st DCA 2015). We also agree that the trial court improperly relied on certain uncharged criminal activity in imposing sentence. See Mosley v. State, 198 So. 3d 58 (Fla. 2d DCA 2015). Accordingly, we REVERSE Randall’s sentence and REMAND for sentencing before a different judge.
WOLF, WINOKUR, and JAY, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jeffrey v. Mosley, 198 So. 3d 58 (Fla. 2d DCA 2015)
- Logan Brooks Drinkard v. State, 177 So. 3d 993 (Fla. 1st DCA 2015)