Facts Regarding the Underlying Case

It is reported that the defendant was charged with over thirty counts of controlling, possessing, or intentionally viewing photographs depicting sexual conduct involving a child. The defendant pleaded guilty to three of the counts, and the State agreed not to prosecute the remaining counts. The defendant was then sentenced to a term of imprisonment for eighteen months, to be followed by ten years of supervised sex offender probation. One of the conditions of the defendant’s probation was that he was barred from having any unsupervised contact with a child under the age of eighteen.

Allegedly, in 2018, over a year after the probationary sentence was imposed, the defendant filed a motion asking the court to clarify the condition regarding unsupervised contact with a child. Essentially, the defendant’s motion asked the court to remove the condition as a term of his probation so that he could reside with his wife and two minor children following his release from prison. The court held a hearing, after which it granted the defendant’s motion. The State appealed.

A Court’s Jurisdiction to Modify a Sentence

Under the Florida Rules of Criminal Procedure, a court is permitted to modify or reduce a sentence it imposed within sixty days after the sentence is imposed. The court may modify the sentence on its own volition or pursuant to a motion filed by the defendant. Courts are not permitted to modify sentences once the sixty-day time period has elapsed, however. In the subject case, the defendant did not seek a modification of his sentence until more than a year had passed since the sentence was imposed. Thus, the court lacked jurisdiction to modify the sentence, and the court’s order was improper. As such, the court reinstated the original sentence.

Consult a Trusted Criminal Defense Attorney

A conviction for a sex crime can impair your rights for the rest of your life. If you are faced with charges of a sex crime, it is wise to meet with a trusted St. Petersburg sex crime attorney regarding your charges and your potential defenses. The zealous criminal defense attorneys of Hanlon Law are proficient at helping people protect their rights in criminal matters, and if you hire us, we will aggressively advocate on your behalf. You can contact Hanlon Law through the online form or at 727-897-5413 to schedule a meeting regarding your charges.

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Defendant was 17 years old when he was charged with first degree murder in 1973. He eventually pled guilty to second-degree murder and was sentenced to life in prison with the possibility of parole. Defendant got that parole six years later, when he was let out of prison on supervised release. He was sent back to prison two years later after being convicted of cocaine possession and battery on a law enforcement officer. He was released on parole and sent back to prison two additional times over the next two decades.

In 2017, Defendant filed a motion seeking to correct his original life sentence. He argued that the U.S. Supreme Court’s decision in Miller v. Alabama and the Florida Supreme Court’s decision in Atwell v. State made it unlawful for a minor to be sentenced to life in prison. In Miller, the U.S. Supreme Court said that a juvenile can be sentenced to life in prison must receive some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. In Atwell, the state’s highest court struck down a sentence for a juvenile who would not have had the opportunity for parole for some 140 years.

A trial judge denied Defendant’s request for post-sentencing relief. The Third District affirmed that decision on appeal, finding that Defendant wasn’t denied a meaningful opportunity for release.

“A defendant is not entitled to relief under Miller where the defendant cannot make a threshold showing that they effectively received a sentence of life without parole or a sentence that failed to afford them a meaningful opportunity to obtain early release,” the court explained.”

In fact, the court noted, Defendant was released three separate times. Defendant was sent back to prison only after violating the terms of his parole, the court observed.

“When a defendant…has been released on parole several times and had that parole revoked for new law violations committed as an adult, they are not entitled to relief,” the court concluded.

If you or a loved one has been charged with a sex crime in the state of Florida, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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Florida Supreme Court Explains State Criminal Law on HIV Sex

The post Florida Court Okays Life Sentence for Juvenile appeared first on St. Petersburg Criminal Lawyer Blog.

Defendant entered into a plea agreement after being charged with various sex crimes stemming from undisclosed allegations. He pled guilty to traveling to seduce, solicit or entice a child to commit a sex act and to transmission of material harmful to minors. A judge sentenced Defendant to more than two years in prison. Defendant was also designated as a sex offender, based on the traveling to seduce offense, and got sentenced to an additional six years of probation. As a condition of that probation, he was restricted from having contact with or being in proximity to children.

Defendant appealed the sentence, arguing that he shouldn’t have been given sex offender probation based on the circumstances. He pointed out that the plea agreement made clear that the victim was not a child. While the case was on appeal, the First District Court of Appeal held in a separate decision that a judge must orally pronounce the specific terms and conditions of sex offender probation. Those that the judge doesn’t pronounce are not enforceable, the First District said. But the Fourth District Court of Appeal disagreed with that ruling in a separate case of its own. The appeals court said a judge that orders a person to serve sex offender probation “need not individually specify each item contained within the umbrella of sex offender probation conditions.”

In Defendant’s case, the Second District sided with the Fourth District. The court said Defendant could be presumed to be aware of the conditions and terms of his probation, even if they weren’t pronounced orally. Nevertheless, the court said the trial judge wrongly restricted Defendant from having contact with or being in proximity to children. Those restrictions are required in cases where the victim is under the age of 18. The plea agreement made clear that the victim in Defendant’s case was not under the age 18, and specifically exempted him from those conditions, the court said.

By imposing additional conditions on Defendant, the court said the trial judge violated the rule against double jeopardy. That generally prohibits a court from punishing a person twice for the same crime.

“An enhancement or extension of the conditions of probation after the conclusion of the sentencing hearing generally constitutes a violation of the double jeopardy prohibitions of the United States and Florida constitutions,” the court explained. “Here, the trial court improperly enhanced Jones’s sentence by adding conditions of sex offender probation that are required when the victim was under eighteen.”

If you or a loved one has been charged with a sex crime in the state of Florida, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Hearsay Defense Doesn’t Work for Florida Man in Failure to Register as Sex Offender Case

Limitations Period Expired for Sex Crime Charge, Rules Florida Appeals Court

Florida Supreme Court Explains State Criminal Law on HIV Sex

The post Probation Restrictions in Florida Sex Crime Cases appeared first on St. Petersburg Criminal Lawyer Blog.