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3RD DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

If it's Wednesday, then you can get a Sundae at Carvel and read our exclusive summary of this week's  3rd DCA's criminal opinions (and we mean that just the way it reads).Ubila v. State- here's a guy who took three (count em, 3) pro se motions to correct sentence to the 3rd DCA for concurrent 15 year sentences with 10 year min mans  as a violent career criminal.  Twice he won in the 3rd, and twice he was re-sentenced to the same sentence. The 3rd DCA, clearly tiring of the yo-yo, vacated Ubila's violent career criminal sentence for his grand theft conviction (and affirmed the same sentence for his burglary conviction) holding that "theft does not qualify as a primary or predicate offense" for  violent career criminal sentences.  Lesson: give the 3rd enough chances and they'll figure out a way to affirm your sentence...continue to full post

Full post as published by Justice Building Blog on April 22, 2009 (boomark / email).