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Criminal Law

Florida Criminal Law Opinions

A forum where criminal justice professionals, teachers, and students can read and discuss recent criminal law decisions from Florida's appellate courts.
By David Edelstein, Esq.

Post Frequency: 64.6/day

Last Entry: February 07, 2012 at 15:06:49

UNITED STATES OF AMERICA, v. JOHN VELEZ, Defendant.

Posted on February 07, 2012
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 10-60194-CR-COHN/SELTZER UNITED STATES OF AMERICA, v. JOHN VELEZ, Defendant. _________________________________/ ORDER DENYING VELEZ?S MOTION TO DISMISS INDICTMENT (GRAND JURY VOTE) THIS CAUSE is before the Court on Defendant John Velez?s ?Motion to Dismiss Indictment for Failure to Have a Grand Jury Properly Vote Pursuant to [...

UNITED STATES OF AMERICA, Plaintiff, vs. JORGE RAUL ROMERO, et al., Defendants.

Posted on February 02, 2012
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 11-20535-CR-ALTONAGA UNITED STATES OF AMERICA, Plaintiff, vs. JORGE RAUL ROMERO, et al., Defendants. ORDER THIS CAUSE is before the Court on Defendant, Jorge Raul Romero?s (?Romero[?s]?) Motion for Judgment of Acquittal Pursuant to Fed...

BASIL BURFORD, Petitioner, v. STATE OF FLORIDA, Respondent.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 BASIL BURFORD, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D10-2205 [January 25, 2012] PER CURIAM. Basil Burford petitions this court for a writ of habeas corpus alleging that appellate counsel was ineffective for failing to raise one issue of fundamental error...

STACY SANDERS, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 STACY SANDERS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-3865 [January 25, 2012] CIKLIN, J. In this appeal, we address the limits of Florida?s jurisdiction over a defendant whose alleged criminal acts occurred on an airplane outside of Florida...

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ATTICUS E. JONES, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 ATTICUS E. JONES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-3951 [ January 25, 2012 ] PER CURIAM. Atticus E. Jones appeals the summary denial of his Rule 3.800(a) motion, which challenged the sufficiency of the evidence to support his conviction...

JOSEPH D. HURT, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 JOSEPH D. HURT, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-4598 [January 25, 2012] PER CURIAM. Joseph D. Hurt appeals the summary denial of his Rule 3.850 motion...

CHARLENE ROSA, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 CHARLENE ROSA, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D11-3666 [January 25, 2012] PER CURIAM. Charlene Rosa appeals the order entered by the trial court denying her motion seeking post-conviction relief pursuant to rule 3...

WAYNE TREACY, Petitioner, v. AL LAMBERTI, as Sheriff of Broward County, Florida, Respondent.

Posted on January 25, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 WAYNE TREACY, Petitioner, v. AL LAMBERTI, as Sheriff of Broward County, Florida, Respondent. No. 4D11-4645 [January 25, 2012] GROSS, J. Petitioner, a juvenile, is charged with attempted first degree premeditated murder with a deadly weapon, a life felony...

Michael F. Cavagnaro, Sr., and Michael F. Cavagnaro, Jr., Appellants, vs. The State of Florida, Appellee.

Posted on January 25, 2012
Third District Court of Appeal State of Florida, January Term, A.D. 2012 Opinion filed January 25, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D10-2220; 10-2141 Lower Tribunal Nos. 09-294; 09-295 Michael F. Cavagnaro, Sr...

Raymond Nathan Wright, Appellant, vs. The State of Florida, Appellee.

Posted on January 25, 2012
Third District Court of Appeal State of Florida, January Term, A.D. 2012 Opinion filed January 25, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D10-2335 Lower Tribunal No. 10-540-K Raymond Nathan Wright, Appellant, vs. The State of Florida, Appellee...

Jean-Marie Charles, Appellant, vs. The State of Florida, Appellee.

Posted on January 25, 2012
Third District Court of Appeal State of Florida, January Term, A.D., 2012 Opinion filed January 25, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D11-2819 Lower Tribunal No. 00-3153A Jean-Marie Charles, Appellant, vs. The State of Florida, Appellee...

Keyion Gale, Appellant, vs. The State of Florida, Appellee.

Posted on January 25, 2012
Third District Court of Appeal State of Florida, January Term, A.D. 2012 Opinion filed January 25, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D11-2059 Lower Tribunal No. 09-13249 Keyion Gale, Appellant, vs. The State of Florida, Appellee...

PARMANAND MAHARAJ, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 PARMANAND MAHARAJ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-491 [January 18, 2012] GERBER, J. The defendant appeals his convictions for sexual battery on a person less than twelve years of age, lewd and lascivious molestation, and providing obscene material to [...

TYRA WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 TYRA WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-2818 [January 18, 2012] GERBER, J. The defendant appeals her conviction for first degree murder of one of two children under her care...

TIMOTHY JOHN ERLSTEN, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 TIMOTHY JOHN ERLSTEN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1081 [January 18, 2012] PER CURIAM. Timothy John Erlsten appeals the summary denial of his untimely and successive Rule 3...

WILLIE F. MARSHALL, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 WILLIE F. MARSHALL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1595 [January 18, 2012] MAY, C.J. The defendant appeals his conviction and sentence for delivery of cocaine...

GEORGE BIANCHINI, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 GEORGE BIANCHINI, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1986 [January 18, 2012] GROSS, J. We reverse the restitution award entered in this case because there was no competent evidence to support the extent of the award...

IVAN SANTIAGO, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 IVAN SANTIAGO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2070 [January 18, 2012] WARNER, J. In this appeal from his conviction for carrying a concealed weapon, appellant, Ivan Santiago, contends that the trial court erred when, in answering a jury question, [...

TYRICE NEALS, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 TYRICE NEALS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-3142 [January 18, 2012] PER CURIAM. Tyrice Neals seeks review of an order denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3...

A.T.J.F., a child, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 A.T.J.F., a child, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-4191 [January 18, 2012] PER CURIAM. Juvenile A.T.J.F. appeals the trial court?s revocation of his probation and resulting sentence in this Anders appeal...

JUAN SAMUEL RUIZ, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 18, 2012
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 JUAN SAMUEL RUIZ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-4238 [January 18, 2012] PER CURIAM. In this Anders1 appeal, we affirm the order revoking appellant?s probation and imposing sentence, but remand for entry of a written order of revocation of [...

Alfonso Medrano, Appellant, vs. State of Florida, Appellee.

Posted on January 18, 2012
Third District Court of Appeal State of Florida, January Term, A.D. 2012 Opinion filed January 18, 2012 . Not final until disposition of timely filed motion for rehearing. No. 3D09-2225 Lower Tribunal No. 08-2139 Alfonso Medrano, Appellant, vs. State of Florida, Appellee...

Melvee Wanel Tucker, Petitioner, vs. The State of Florida, Respondent.

Posted on January 06, 2012
Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed January 6, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D11-3353 Lower Tribunal No. 10-31496 Melvee Wanel Tucker, Petitioner, vs. The State of Florida, Respondent...

TOMMY RAY BRYANT, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 06, 2012
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TOMMY RAY BRYANT, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D11-2185 Opinion filed January 6, 2012. Appeal pursuant to Fla...

STANLEY LEE WHITE, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 06, 2012
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STANLEY LEE WHITE, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D11-1220 Opinion filed January 6, 2012...

ZEBEDEE WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 06, 2012
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ZEBEDEE WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D11-0048 Opinion filed January 6, 2012...

GREGORY ALLEN JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Posted on January 06, 2012
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GREGORY ALLEN JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D10-3790 Opinion filed January 6, 2012...

MICHAEL RAY BAKER, Petitioner, v. STATE OF FLORIDA, Respondent.

Posted on January 06, 2012
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL RAY BAKER, Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 1D11-2606 Opinion filed January 6, 2012...

WILLIAM TODD LARIMORE, Petitioner, v. STATE OF FLORIDA, Respondent.

Posted on January 06, 2012
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM TODD LARIMORE, Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 1D11-6210 Opinion filed January 6, 2012...

Cliff Berry, Inc., and Jeffrey Clint Smith Appellants, vs. The State of Florida, Appellee.

Posted on January 04, 2012
Third District Court of Appeal State of Florida, July Term, A.D., 2011 Opinion filed January 4, 2012. Not final until disposition of timely filed motion for rehearing. Nos. 3D09-389 & 3D09-473 Lower Tribunal No. 04-22159 Cliff Berry, Inc., and Jeffrey Clint Smith Appellants, vs...

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