Court Filings

The Fifth District Court of Appeal affirmed Neely Petrie-Blanchard’s conviction for first-degree murder but reversed her mandatory life sentence and remanded for resentencing because the trial court failed to renew the offer of counsel before sentencing. Although Petrie-Blanchard validly waived counsel and proceeded pro se at trial after an adequate Faretta inquiry, the court did not re-offer counsel at the separate, critical sentencing stage. The panel held that failing to renew the offer of counsel at sentencing is fundamental error and requires resentencing with appointed counsel or an explicit waiver.

The Fifth District Court of Appeal affirmed the trial court’s denial of J.J.A.’s motion to suppress but reversed the juvenile disposition order adjudicating him delinquent for possession of a firearm by a minor. The appellate court found the disposition order failed to state the statutory maximum penalty and did not award or specify predisposition credit for time served, as required by Florida Rule of Juvenile Procedure 8.115(d)(2). Because the commitment at issue is effectively determinate (it will end before the department’s authority expires), the court ordered the trial court to enter a corrected disposition specifying the maximum penalty and the amount of credit.

The Third District Court of Appeal reviewed George Madison’s challenge to his enhanced sentences for kidnapping, carjacking, robbery, and two identity-fraud counts. Madison argued the trial judge, rather than a jury, made the factual findings that triggered statutory enhancements and that the findings were made by a preponderance standard. The court held that any constitutional error under Erlinger was harmless beyond a reasonable doubt because the State presented unrebutted evidence at sentencing that plainly supported the enhancements. The court affirmed the enhancements but reversed and remanded to correct errors in the written sentencing order so it matches the oral pronouncements.

The Fourth District Court of Appeal partially reversed and partially affirmed Devonte Baker’s convictions related to multiple tire-slashing incidents. The court held the State failed to prove Baker’s identity for the first incident and failed to prove he was armed for two armed-trespass counts. It reversed counts 1 and 2 (identity insufficiency), reduced counts 4 and 6 from armed trespass to simple trespass, and ordered vacation of counts 8 and 9 from the judgment because they had already been acquitted. The court affirmed convictions for counts 3, 5 (criminal mischiefs), and 7 (stalking), and remanded for amended judgments and resentencing.

The Fourth District Court of Appeal affirmed Christopher J. Porter’s convictions for sexual battery and related lewd offenses but reversed part of his sentence. The court found the trial judge had orally imposed life imprisonment for the sexual-battery count and concurrent mandatory minimums for two molestation counts, but the written judgment mistakenly listed a 25-year minimum for the sexual-battery count. The court ordered correction of the written sentence to strike the improper 25-year mandatory minimum for the sexual-battery count and also directed removal of misdemeanor costs; it upheld a $65 county ordinance court cost as properly imposed.

The Fifth District Court of Appeal reviewed Troy William Armstrong’s convictions for multiple counts of sexual battery and lewd and lascivious molestation. The State conceded that one count (Count II), charging sexual battery under section 794.011(2)(a) based on 'union' with the victim’s anus by the defendant’s mouth, required proof of penetration and there was no evidence of anal penetration. The court reversed Count II on that basis, affirmed the remaining convictions, and remanded for further proceedings consistent with that partial reversal.

The Sixth District Court of Appeal reviewed a probation revocation and five-year prison sentence imposed on Carliovis Bandera-Valier. The court affirmed the finding that Bandera-Valier violated probation, concluding the earlier Faretta (self-representation) inquiry was adequate for the violation hearing. However, the court reversed and remanded for resentencing because the trial court failed to renew the offer of counsel before sentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). The court certified conflict with a Fifth District decision that treated similar error as harmless.