Comments on: Florida Appellate Courts Bound by Shelley Case (Double Jeopardy)

By: Florida Action Committee

Florida Action Committee — Sun, 26 Mar 2017 13:53:38 +0000

In reply to Pbnj.

You will need to speak with your attorney. Some pleas include a waiver of any challenge. If you don’t have an attorney or would like a referral, contact legal@floridaactioncommittee.org

By: Pbnj

Pbnj — Sat, 25 Mar 2017 04:08:21 +0000

If you are currently in prison for this, do you know if you can file a motion to be re sentenced even if you took a plea?

By: WHL

WHL — Wed, 22 Mar 2017 20:02:13 +0000

In reply to Florida Action Committee. Why wouldn't this apply to CP cases also? I was charged with 13 counts with only 5 files. That just doesn't seem right.

By: ConcernedCitizen

ConcernedCitizen — Mon, 20 Mar 2017 00:56:09 +0000

I don’t understand why Double Jeopardy based on “the same course of conduct” isn’t applying to Statute 800.4, Attempted Lewd & Lascivious Battery when it comes to Statute 847.0135? The very definition of Statute 847.0135, is “Anyone who Attempts Statute 800.4” So how can you be charged with Traveling to Meet a Minor for sex via 847.0135, and then also “Attempting Sexual Battery” or another words Attempting to have Sex via Statute 800.4? They’re both about sex, and based off the same course of conduct? Has anyone tried to present this to the state and allow them to decide if, why, or why not 800.4 isn’t subsumed by Traveling to Meet a Minor 847.0135? Seems like common sense…?

By: Florida Action Committee

Florida Action Committee — Tue, 14 Mar 2017 11:54:54 +0000

In reply to Karen. This does not apply to CP - only to the offenses listed.

By: Karen

Karen — Tue, 14 Mar 2017 10:40:16 +0000

In my sons case I do not think it would make a difference but I am wondering if this is going to apply to CP cases. There are many people sitting in prison with very long sentences because they received the minimum/max for each photograph they possessed.

By: Florida Action Committee

Florida Action Committee — Mon, 13 Mar 2017 21:43:26 +0000

In reply to Jenn mckee. At least you can take comfort in knowing the outcome should be favorable.

By: Jenn mckee

Jenn mckee — Mon, 13 Mar 2017 21:38:10 +0000

My son is in the 1 dca for this right now and they are taking forever to drop it to circuit court , been a year and his case came down from surpremes!