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CASES

By Jeffrey Ivashuk

Criminal law -- Attempted second degree murder with firearm -- Sentencing -- Vindictiveness -- Resentencing following successful appeal of trial court's order summarily denying rule 3.850 motion for post conviction relief -- Trial court erred in increasing the length of sentence by three years with no independent legal basis or identifiable conduct by defendant as basis for the increase, notwithstanding fact that increased sentence was an attempt to achieve a sentence equivalent to previously imposed sentence by taking possible gain time reductions into consideration -- Conflict certified -- Court notes that its holding is not that there was actual vindictiveness, but that presumption of vindictiveness was not overcomeReported at 33 Fla. L. Weekly D613a Criminal law -- Corruption of public official by threat -- Trial court should have granted motion for judgment of acquittal on charge of corruption of public official by threat where element of intent to influence performance of an act by a public servant was not established -- Handcuffed defendant's threat to slit arresting officer's throat if officer removed handcuffs could not have had the intent of influencing the performance of an actReported at 33 Fla...continue to full post

Full post as published by JAABlog on February 28, 2008 (boomark / email).