It is alleged that nearly five years later, in 2024, the defendant filed a motion to vacate under § 2255, citing the Supreme Court’s decision in Erlinger v. United States (2024). In Erlinger, the Court held that whether prior convictions occurred on separate occasions for ACCA purposes must be determined by a unanimous jury beyond a reasonable doubt. The defendant argued that his sentence was unconstitutional because no jury made such findings in his case.

Reportedly, the government moved to dismiss the defendant’s petition as untimely rather than address its merits. The court granted him extra time to respond, but he failed to file anything further. The court then proceeded to resolve the case on the record.

Retroactivity of Sentencing Law Changes

The district court explained that new rules apply retroactively on collateral review only if they are substantive. Substantive rules limit the reach of a criminal statute or exempt certain conduct from punishment. In contrast, procedural rules, such as those governing how facts are determined, do not apply retroactively. The court concluded that Erlinger, like Apprendi v. New Jersey, was procedural and therefore not retroactive.

The court also ruled the motion untimely. The defendant’s conviction became final in October 2018, so he had until October 2019 to file under § 2255(f)(1). Filing in 2024 made the motion nearly five years late. The court rejected equitable tolling and noted that alleged sentencing errors were not jurisdictional.

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If you are facing federal firearm charges or sentencing enhancements under the ACCA, the consequences can be life-altering, and you should talk to an attorney. The seasoned Clearwater gun crime defense attorneys at Hanlon Law can evaluate the charges and advise you on the best course of action. Contact Hanlon Law through our online form or call 727-897-5413 to schedule a confidential consultation.

Allegedly, on appeal, the defendant argued that his convictions for aggravated battery with a deadly weapon and felony battery causing great bodily harm violated double jeopardy principles, contending that he was impermissibly convicted twice for the same criminal act.

Establishing a Double Jeopardy Violation

On appeal, the court evaluated the defendant’s double jeopardy claim by applying Florida’s statutory framework and judicial precedent. The court examined whether the legislature intended to authorize separate punishments for the offenses charged.

Under Florida law, courts utilize the Blockburger test, codified in section 775.021(4)(a), Florida Statutes, which assesses whether each offense contains an element that the other does not. If each offense includes a distinct statutory element, separate convictions are generally permitted unless an exception applies.

The court determined that the defendant’s aggravated battery and felony battery convictions did not violate double jeopardy because they were charged under separate statutes with distinct elements. Specifically, aggravated battery with a deadly weapon requires proof of the use of a weapon, while felony battery causing great bodily harm necessitates a showing of significant injury. The court reasoned that the statutory differentiation indicated legislative intent to allow separate punishments.

Further, the court considered whether any statutory exceptions precluded multiple convictions. Florida law prohibits multiple punishments only when offenses share identical elements, are different degrees of the same offense, or one offense is subsumed by another. The defendant argued that the “degree variant” exception applied. However, the court found that because the charging document distinguished between the physical assault and the stabbing as separate acts, the degree variant exception did not bar multiple convictions. The court cited Valdes v. State, which clarified that different statutory provisions and distinct factual allegations permit separate convictions arising from a single episode.

Ultimately, the court affirmed the defendant’s convictions, holding that the dual convictions for aggravated battery and felony battery did not violate double jeopardy principles.

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If you are charged with multiple violent crimes, it is crucial to understand your legal rights and defenses, and you should consult an attorney as soon as possible. The experienced Florida criminal defense attorneys at Hanlon Law are committed to safeguarding the rights of the accused, and if we represent you, we will advocate aggressively on your behalf. You can contact our office at 727-897-5413 or fill out our online form to schedule a consultation today.

Allegedly, while the appeal was pending, the State filed a motion to correct what it perceived as a sentencing error, alleging that the defendant had written multiple letters to the victim from prison, which she wanted to stop. The State sought to amend the sentence to include a no-contact order. The defendant objected to this motion, arguing that the trial court lacked jurisdiction to amend his sentence during the appeal. Nonetheless, the trial court granted the State’s motion and added the no-contact order to the defendant’s sentence. The defendant then appealed this decision.

Sentence Amendments During Appeals

On appeal, the court reviewed the trial court’s decision to amend the defendant’s sentence while his appeal was pending. The court acknowledged that under Florida Rule of Criminal Procedure 3.800(b), the State may move to correct a sentence during an appeal, but such corrections are limited to errors that benefit the defendant or involve clerical mistakes.

In the subject case, the court found that by adding a no-contact order, the trial court went beyond these permissible corrections, as this addition introduced a new punitive measure that could expose the defendant to further criminal liability if violated. The court, therefore, ruled that the trial court had exceeded its authority. It affirmed the original judgment and sentence but reversed the amended sentence that included the no-contact order. The case was remanded with instructions for the trial court to vacate the amended sentence.

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While the Florida courts have the right to correct sentencing errors, the circumstances under which they can modify a sentence are limited. If you are charged with battery or another violent crime, it is important to understand your rights, and you should meet with an attorney as soon as possible. The skilled Clearwater violent crime defense attorneys at Hanlon Law can assess your charges and help you seek the best outcome available. You can contact Hanlon Law through our online form or by calling 727-897-5413 to arrange a conference.

Dismissing Prejudicial Charges

The court ultimately denied the defendant’s motion, allowing the counts against him to proceed. Prior to doing so, the court considered Rule 8(a) of the Federal Rules of Criminal Procedure, which permits separate counts if they are of the same or similar character or connected with a common scheme or plan. Additionally, the court noted that Rule 14 allows for severance if the joinder of offenses appears to prejudice a defendant.

In the subject case, the court explained that evidence of the assault could be admissible in a trial on the theft charge to prove consciousness of guilt. Despite the fact that the events occurred at different times and places, the court found them to be sufficiently intertwined, as the Defendant’s alleged threats and actions demonstrated a desire to avoid arrest for the theft offense. Thus, the court denied Defendant’s motion.

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People accused of theft crimes may be charged with other offenses as well, and in some cases, it will be beneficial to their defense to sever the charges. If you are charged with a theft crime, it is wise to talk to an attorney about your options. The Clearwater theft crime defense attorneys of Hanlon Law can offer you advice regarding your rights and potential defenses and help you to seek a just result. You can reach Hanlon Law by using our online form or by calling us at 727-897-5413 to arrange a conference.

Demonstrating Legally Inconsistent Verdicts

On appeal, the defendant argued that the State presented two alternative theories of first-degree murder: premeditated murder and felony murder based on the commission of a robbery. He was charged separately for the underlying offense of robbery but was only convicted of the lesser offense of petit theft, a misdemeanor. Because the general verdict does not specify which theory of first-degree murder the jury relied on, the defendant argued that the jury may have incorrectly thought that he could be convicted of felony murder based on the commission of a theft.

The court disagreed and affirmed the defendant’s conviction. The court noted that true inconsistent verdicts on legally interlocking charges could be reversible errors. Such inconsistency arises when the acquittal of one charge negates an element of another, for instance, convictions for lesser included misdemeanors of a separately charged underlying felony can negate the essential felony element in felony murder. The defendant failed to preserve the issue, though, and could not demonstrate a fundamental error.

The court emphasized that the defendant sought to challenge the validity of the conviction rather than sentencing errors. To establish fundamental error, the defendant needed to show a denial of due process resulting in prejudice. In the subject case, evidence supported two valid alternative theories: premeditated murder and felony murder during an attempted robbery. The court pointed out the absence of instructions or arguments suggesting felony murder based on theft and concluded that the defendant failed to meet the burden of proving fundamental error. As such, it upheld the defendant’s conviction.

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Convictions for felony murder and other violent crimes can result in lengthy prison sentences, but if the State cannot prove each element of the charged offense, it should not be able to obtain a guilty verdict. If you are charged with a violent offense, it is in your best interest to talk to an attorney. The dedicated Clearwater violent crime defense attorneys of Hanlon Law can assess the facts of your case and inform you of your options for seeking a good outcome. You can contact Hanlon Law by using our online form or by calling us at 727-897-5413 to set up a meeting.

Under the Faison test, the State must show that the defendant confined or moved the victim in a way that was not incidental to the primary offense or slight or inconsequential, was not of the kind that inherently happens due to the nature of the primary offense, and has some significance, independent of the primary offense.

In the subject case, the court found that while there were some similarities between the cases the defendant cited and his case, he failed to produce evidence sufficient to show that the trial court erred in allowing him to be convicted on the kidnapping charges, absent any objection. As there was no error in the defendant’s kidnapping convictions, the court found that the defendant failed to show that the trial court fundamentally erred in failing to acquit him of the kidnapping charges. Thus, it denied his appeal.

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Kidnapping is a serious charge that carries substantial penalties, but the State is often unable to produce the evidence needed to show that a person charged with kidnapping should be found guilty. If you are accused of kidnapping or another crime, it is wise to talk to an attorney as soon as possible. The trusted Clearwater kidnapping defense attorneys of Hanlon Law can advise you of your rights and help you to seek the best outcome possible under the facts of your case. You can reach Hanlon Law via the online form or by calling 727-897-5413 to set up a conference.

On appeal, the court upheld the trial court ruling. The court explained that under the federal sentencing guidelines, a defendant is considered a career offender if they were at least eighteen years old when they committed the crime for which they are currently being sentenced, the crime is either a control substance offense or a crime of violence, and they have at least two previous convictions for drug crimes or violent offenses.

The court went on to note that crimes of violence include any offense that has an element of attempted, threatened or actual use of physical force against another individual. Physical force, in turn, is described as a violent force, in other words, a force capable of causing pain or injury. In the subject case, the defendant argued that his prior convictions constituted crimes of violence. The court disagreed, noting that there was ample case law holding that both robbery and aggravated assault were violent crimes. Thus, the court affirmed his sentence.

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Criminal defendants with previous violent crime convictions may face greater penalties if they are convicted than they would if they were first-time offenders. If you are charged with a violent crime, it is critical to set forth a compelling defense, and you should meet with an attorney as soon as possible. The experienced Clearwater criminal defense attorneys of Hanlon Law are proficient at obtaining favorable verdicts in criminal matters, and if you hire us, we will advocate zealously on your behalf. You can contact Hanlon Law through the online form or by calling 727-897-5413 to set up a meeting.

Grounds for Imposing Pretrial Detention

The court granted the defendant’s petition. Under Florida law, people accused of crimes have the right to obtain release pending trial unless they are charged with a capital offense or a crime punishable by life in prison, and their guilt is evident. Pretrial release will also be denied if the defendant presents a threat to the safety of people in the community and no conditions of release can reasonably protect community members from potential harm.

Guidelines set forth by the Florida legislature note that there is a presumption in favor of release unless a defendant is charged with a dangerous crime. Only those offenses specifically enumerated in the guidelines as dangerous crimes will bar pretrial release on such grounds, though. In the subject case, the court explained that none of the offenses the defendant was charged with were considered dangerous crimes. Thus, it vacated the trial court’s ruling and remanded the case for further proceedings.

Talk to a Dedicated Clearwater Attorney

Convictions for violent offenses carry significant penalties, but simply because a person is charged with a crime does not mean that they will be found guilty. If you are accused of committing a violent offense, you should talk to an attorney about your options for seeking a favorable outcome. The dedicated Clearwater violent crime defense attorneys of Hanlon Law possess the skills and resources needed to help you protect your liberties, and if you hire us, we will work tirelessly on your behalf. You can reach Hanlon Law via the online form or by calling 727-897-5413 to set up a conference.