Old Habits Die Hard In State v. Fortin, 2024 Fla. App. LEXIS 2133 (March 20, 2024), the Fourth District made clear its view that, despite recent changes in Florida law regarding medical marijuana and hemp, the plain view and plain smell doctrines have continued validity. Under the facts of the case, the appellate court revered holding “as a matter of....

Avoiding the Payment of Debts Does Not Amount to Grand Theft Lisandra Gutierrez was convicted and sentenced for First Degree Grand Theft and Second Degree Grand Theft following a trial by jury. The prosecution presented evidence of her alleged fraudulent actions during a bankruptcy proceeding. Her lawyer appealed, arguing that admission of the evidence was an error as any fraudulent....

“Felon in Possession of a Firearm” On August 21, 2024, Florida’s Fourth District Court of Appeal decided the appeal filed in Rock v. State, 2024 Fla. App. LEXIS 6526, 49 Fla. L. Weekly D 1741, 2024 WL 3882110, in favor of the accused. Mr. Rock was convicted after a trial as “a felon in possession of a firearm,” in violation of Fla.....

Hearsay Objections Can’t be Underestimated In Tindall v. State, 645 So. 2d 129 (Fla. 4th DCA 1994), the case defendant Levon Tindall appealed his conviction for “aggravated assault with a firearm.” His capable appellate lawyer argued that the trial court had erred when it denied his motion for a mistrial after the investigating police officer’s testimony that approximately ten (10)....

Are Violent Special Offenders of Special Concern Always Dangerous? The term “violent felony offender of special concern” refers to an individual who is on felony probation or community control related to the commission of a qualifying offense, Florida Statute § 948.06(b)(1), or an individual who is on felony probation or community control for any offense and has previously been convicted....

Know your rights: Warrantless Arrests and the Law Not too long ago, our law office successfully represented a young defendant who was arrested by local police officers who entered his apartment late at night, while he was asleep, to arrest him for a misdemeanor offense that had allegedly been committed earlier during the daytime. The officers were not present when....