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806 F.2d 943·
9th Cir.·
1986-12-22
·cited 19×
The court held that an indictment specifying the amount of attempted fraud provides sufficient notice for a restitution order, even if it doesn't state the exact dollar amount of actual damages, as long as the restitution does not exceed the indictment amount or the proven actual
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185 So. 3d 1289·
Fla. 5th DCA·
2016-02-26
·cited 12×
Appellant Pinkard was convicted of manslaughter, aggravated assault with a firearm, and shooting into an occupied vehicle following a road rage incident that resulted in a fatal shooting. On appeal, Pinkard challenged the consecutive sentencing imposed on his shooting-into-an-occ
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836 F.2d 1181·
9th Cir.·
1988-01-07
·cited 12×
The court held that an insurance company that indemnified a direct victim is considered a 'victim' for the purposes of restitution under 18 U.S.C. § 3579(e). The court also found that the defendant's motion was properly characterized as a Rule 35(a) motion to correct a sentence,
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812 F.2d 530·
9th Cir.·
1987-03-11
·cited 12×
The court held that a defendant cannot be punished for both conspiracy and the underlying substantive offenses if they are not distinct under the Blockburger test, and that separate sentences for aiding and abetting possession and distribution are impermissible when arising from
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282 So. 3d 158·
Fla. 2d DCA·
2019-10-02
·cited 10×
Robert Sanders McCray appeals his revocation of community control and sentencing as a Violent Felony Offender of Special Concern (VFOSC). The appellate court affirmed the revocation and sentence but remanded for the trial court to correct a scrivener's error and render the statut
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260 So. 3d 502·
Fla. 1st DCA·
2018-12-10
·cited 10×
Tyrone Randy Johnson, Jr. appeals his resentencing on a bail bond offense conviction, challenging the trial court's imposition of a Department of Corrections sentence despite scoring only 4.6 points on the criminal punishment code scoresheet, which presumptively required a non-st
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944 So. 2d 477·
Fla. 4th DCA·
2006-11-29
·cited 9×
Brett Fenster appeals his conviction for attempted second-degree murder, challenging the prosecutor's closing argument and his credit for time served. The appellate court found the prosecutor made multiple improper comments unsupported by evidence during closing argument that col
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381 So. 3d 617·
Fla. 4th DCA·
2024-02-14
·cited 6×
A nonstate prison sanction under section 775.082(10) may consist of county jail incarceration (limited to one year), community control, and probation, and the aggregate duration of all nonstate sanctions is not restricted to one year but only to the statutory maximum for the offe
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271 So. 3d 1023·
Fla. 4th DCA·
2019-05-08
·cited 3×
Nickolas White, convicted of first-degree murder as a juvenile, was resentenced to life in prison with sentencing review after 25 years. The appellate court reversed the sentence on the ground that the trial court failed to order a presentence investigation (PSI) as required by F
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291 So. 3d 1012·
Fla. 1st DCA·
2020-03-03
·cited 2×
A trial court violates a defendant's double jeopardy rights by increasing a lawfully imposed minimum mandatory sentence. The court must remand for resentencing within the statutory maximum penalty.
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936 F.2d 406·
9th Cir.·
1991-06-10
·cited 2×
The court held that the district court did not err in denying motions to suppress wiretap evidence, sever counts, admit certain testimony, strike an overt act, or furnish the trial transcript to the jury. However, a technical violation of Rule 32(c)(3)(D) occurred.
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Fla. 3d DCA·
2026-10-14
Upon revocation of probation, a trial court may impose any sentence it could have originally imposed, including a PRR mandatory life sentence, even if the State waived PRR sentencing at the initial plea hearing, provided the defendant qualified as a PRR at the time of sentencing
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11th Cir.·
2025-12-02
A district court, upon a government motion for substantial assistance under 18 U.S.C. § 3553(e), may depart below a statutory minimum sentence, but the extent of that departure must be based solely on assistance-related factors, not on the general sentencing factors in § 3553(a).
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Fla. 3d DCA·
2020-10-28
The appellate court reversed the denial of a motion to vacate sentence, holding that the defendant, who was a juvenile at the time of the offense, was entitled to resentencing under a specific Florida statute, even though his initial resentencing occurred before the statute's ena
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273 So. 3d 116·
Fla. 3d DCA·
2019-02-13
An upward departure sentence based on the trial court's finding of an escalating pattern of criminal conduct, without jury determination, violates Apprendi and Blakely but constitutes harmless error when the record demonstrates beyond a reasonable doubt that a rational jury would
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249 So. 3d 1314·
Fla. 5th DCA·
2018-07-06
The State appealed a trial court's decision to withhold adjudication of guilt and impose only one day in jail for a defendant convicted of possession of alprazolam (a third-degree felony). Although the appellate court found the State's arguments regarding statutory violations wel
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Fla. 5th DCA·
2018-07-02
A trial court's sentence is reviewed de novo for legality, but appellate review of sentencing errors requires contemporaneous objection at trial unless the error is fundamental.
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Fla. 1st DCA·
2018-06-08
A defendant has a legitimate expectation of finality in a sentence when the written plea agreement and trial court representations clearly establish the sentencing terms, and an increase in that sentence violates the double jeopardy clause unless the defendant actively misreprese