Reversing and remanding for a new trial the defendant’s conviction for robbery with a firearm, the Fourth District held:
SUPPRESSION: Where a BOLO describes the suspect a 16-17 year old black male with short-cropped hair wearing a dark long sleeved shirt who fled on foot, a trial court errs by denying the defendant’s motion to suppress evidence after the police stop the defendant who was driving a van and wearing a white short-sleeve shirt.
OPINION OF GUILT: A trial court errs by allowing a jury to hear an unredacted version of the defendant’s tape interview where it contains a detective’s improper opinions concerning the defendant’s guilty and untruthfulness.
Gaines v. State, 4D13-686 (Fla. 4th DCA Feb. 11, 2015)
Indian River Judge Pegg
As only dispositive issues may be reserved for appeal as part of a plea agreement, an order finding a defendant competent to proceed is NOT a dispositive order.
R.C. v. State, 4D13-341 (Fla. 4th DCA Feb. 11, 2015)
Broward Judge Williams
Where a trial court is silent as to its reasons for denying release until sentencing and thus appears not to have exercised its discretion, a writ of mandamus is proper to compel the trial court to exercise its discretion to consider release pending sentencing.
Kraft v. State, 4D14-4782 (Fla. 4th DCA Feb. 11, 2015)
Broward Judge Destry
Reversing multiple counts of sexual battery on a minor, a trial court reversibly errs per se by giving repeat Allen charges.
Almeida v. State, 4D12-4482 (Fla. 4th DCA Feb. 4, 2015)
Broward Judge Usan
A trial court does not fundamentally err by requiring that the defendant be sworn and subject to cross-examination before making any statements at sentencing.
Jean-Baptiste v. State, 4D13-660 (Fla. 4th DCA Jan. 28, 2015)
St. Lucie Judge Belanger
Where it is alleged the defendant violates probation by participating in a robbery and resisting arrest, yet the State presents no evidence the defendant was involved in the robbery other than being in the general vicinity, a trial court errs in finding the defendant violated his probation on those grounds. (Remanded to determine if he violated for resisting.)
Crapps v. State, 4D13-980 (Fla. 4th DCA Jan. 28, 2015)
Broward Judge McCarthy
Where the defendant’s trial counsel invites an error during trial, defendant cannot thereafter claim his appellate counsel is ineffective for failing to raise the error on direct appeal.
Rondon v. State, 4D13-1454 (Fla. 4th DCA Jan. 22, 2015)
St Lucie Judge Schack