2DCA: Continuance of VOP Hearing

A trial court abuses its discretion in refusing to continue a VOP hearing where the defendant seeks to hire private counsel, only one month passed since his arrest, no previous continuance had been granted, and the State failed to demonstrate prejudice if the continuance were granted.

Hill v. State, 2D13-5996 (Fla. 2d DCA Feb. 11, 2015)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/February/February%2011,%202015/2D13-5996.pdf

Lee Judge Volz

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2DCA: No IAC for Allowing Defendant’s Mother to Testify in Shackles and Jail Clothing

In light of the substance of the mother’s testimony and the strong evidence introduced against the defendant/son at trial, the result would have been the same even if the defendant’s mother had not been shackled and dressed in jail attire. The defendant thus failed to establish ineffective assistance of counsel because the prejudice prong of Strickland had not been met.

Carney v. State, 2D13-3956 (Fla. 2d DCA Feb. 11, 2015)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/February/February%2011,%202015/2D13-3956.pdf

Manatee Judge Krug

2DCA: Reverses Loitering and Prowling

Where the evidence showed that the actions of the defendant were those of a person trying to find his way out of a gated apartment complex, the trial court errs by denying a motion for judgment of acquittal on a loitering and prowling charge.  (Burglary conviction affirmed.)

Ellis v. State, 2D13-1277 (Fla. 2d DCA Feb. 11, 2015)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/February/February%2011,%202015/2D13-1277.pdf

Hillsborough Judge Cook

Richard Albertine Jr., APD

2DCA: TC Can’t Order “No Early Termination” of Probation

Reversing the portion of an order which prohibited early termination of probation, a trial court errs by imposing a special condition of probation that purports to divest the Department of Corrections (DOC) of its authority to recommend early termination.

Hopps v. State, 2D13-5967 (Fla. 2d DCA Feb. 6, 2015)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/February/February%2006,%202015/2D13-5967.pdf

Hillsborough Judge Ficarrota

2DCA: Quashes Discovery Order re: Medical & Mental Health Records

An order overruling the defendant’s objection to the State’s request for his medical records must be quashed to the extent that the order allows for the discovery of a broad class of medical and mental health records without a sufficient showing of the relevancy of the records to the pending charges.

Faber v. State, 2D14-3193 (Fla. 2d DCA Feb. 4, 2015)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/February/February%2004,%202015/2D14-3193.pdf

Pinellas Judge Peters

2DCA: Directed verdict – reasonable hypothesis of innocence

Where the state presents evidence to rebut a defendant’s reasonable hypothesis of innocence regarding a charge of burglary of an unoccupied dwelling, the trial court errs by entering directed verdict in favor of the defendant.

 
State v. Campbell, 2D13-2711 (Fla. 2d DCA Jan. 21, 2015)
 
Hillsborough Judge Fernandez