Florida’s First DCA vacates more convictions for double jeopardy
We previously mentioned that after a Florida Supreme Court case (Lee v. State, 258 So. 3d 1297 (Fla. 2018)) ruled that multiple convictions for solicitation, unlawful use of a two-way communications device, and traveling which were based upon the same conduct violates double jeopardy, people were successful in getting their convictions (for the count that violated double jeopardy, not their entire cases) vacated.
While it doesn’t vacate the entire case or impact registration (one count is sufficient to require registration), having part of a sentence vacated can potentially result in less time and looks better “on paper” when it comes to seeking other relief.
Last week two more plaintiff’s got relief in the 1st District Court of Appeal (PASICOLAN and COFFEY).
The relief is not news to anyone who regularly reads our site, but the relevance of this post is that even after this has been the law of the state, registrants who are in this situation who seek relief are still losing at the trial court level and having to appeal – a costly and time consuming step which many can’t afford and many who fail at the circuit court might just give up. At least these two individuals show us there’s a pay off to persistence and we applaud them from getting some justice from the “justice system”.
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On the DUVAL ballot for 2020, the following judges of the 1st DCA are up for retainment:
Joseph Lewis, Jr.
Scott Makar
Rachel Norby
Tim Osterhaus
Clay Roberts
Adam S. Tanenbaum
Additionally, Carlos G. Muniz for Floriduh Suppeme Court
Given the current situation of our population, I would vote “NO” to retaining ALL of these “judges.”
Could it be because the lower judges are elected? and don’t believe in the oath they took
That might be one of many reasons. It’s not just judges at the circuit level however. Even those at the federal level have made it a point to deny a petition for the same reasons as the lower court.
It seems to me that those in the court system go out of their way to uphold convictions even after a Supreme Court decision, state or federal, stating otherwise.
Mind boggling, frustrating, disheartening.
This situation applies to my case. I was charged with exploitation and traveling with my adjudication being withheld. Anyone have any information or advice on how I can go about getting one of the charges vacated? Do I speak to a lawyer or is this something I can do for myself? Thanks.
Speak to a lawyer.