Department waived its right to object to commitment level imposed by trial court where department recommended probation, which was not a proper commitment-level recommendation. Court errs in summarily denying motion for postconviction relief for juvenile was sentenced to life imprisonment with the possibility of parole where his presumptive parole release date may be beyond his natural life span. Defendant had sufficient opportunity to cross-examine the victim at the motion to suppress. A petition seeking compensation for wrongful incarceration must be filed within 90 days after the order vacating the conviction and sentence becomes final, rather than within 90 days of the state filing a nolle prosequi. Court should compel production of autopsy photographs reliedupon at trial although never admitted into evidence. The original case was remanded for resentencing after the appellate court held that the PRR and HFO sentences were unlawful because they were of the same length. Fifty-five-year aggregate sentence for nonhomicide committed by defendant when he was a juvenile is not a de facto life sentence.
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Criminal Case Law Archive
Claim that counsel was ineffective for failing to call a witness at trial is insufficient where there is no allegation that the witness would have been available to testify. In case of attorney's theft of clients' trust funds, prosecutor's comments disparaging lawyers is improper but error was not preserved for appeal by objection. Inmate on work-release can be guilty of escape by leaving work site without permission although he returned to the prison on time. Court cannot determine competency nunc pro tunc will rely on reports of experts conducted sometime before the trial. Any term of years between 25 and life imprisonment is lawful. Where defendant discovered facts undermining post conviction judge's impartiality only after judge denied post conviction motion, he may file a successive rule 3.
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Dual convictions for soliciting minor and traveling to meet minor for sex does not violate double jeopardy where the offense did not arise from the same criminal transaction and were distinct criminal acts. Allegation that DOC's forfeiture of gain time thwarted terms of defendant's plea agreement was not refuted by transcript of probation violation hearing. A felon in possession of the firearm is not prohibited from asserting the stand your ground defense. Defendant did not violate probation for changing her residence when she was abruptly evicted for nonpayment of rent. Victim's testimony at motion to suppress photo lineup is admissible as substantive evidence at trial where the victim is unavailable due to his murder after the hearing. Defendant improperly raised the issue of prison credit in Rule 3.
Miles for purportedly failing to sufficiently regulate proper blood draw procedures, as well as the homogenization process to "cure" a clotted blood sample? Must a defendant, who claims that the offense as charged in the information is barred by the statute of limitations, raise the issue in the trial court in order to preserve the issue for direct appeal? Miller applies even though the sentence is discretionary. Defendant has no constitutional right to issue subpoenas secretly. Palm Beach Newspapers v. Statements showing only declining to answer questions about a specific aspect of all of the crimes is not an unambiguous request to terminate interrogation.