St. Petersburg Criminal Lawyer Blog
In criminal trials, it is essential for judgments to align with the jury’s findings, ensuring defendants are sentenced according to the actual charges proven in court. If they do not, it may result in an unjust outcome and may be grounds for pursuing an appeal. This was demonstrated in a recent Florida ruling that illustrated how procedural missteps in the judicial process can result in severe sentencing errors. If you are facing criminal charges, working with an experienced St. Petersburg criminal defense attorney is critical to ensuring your rights are protected throughout the legal process.
Facts and Procedure of the Case
It is alleged that the defendant was charged with lewd molestation after reportedly touching the victim in a lewd or lascivious manner during a swimming pool incident at his home. The prosecution alleged the victim was under the age of 12 at the time, elevating the charge to a first-degree felony punishable by life imprisonment under section 800.04(5)(b) of Florida Statutes.
It is reported that during the trial, the victim consistently testified to being 12 years old at the time of the incident, making the appropriate charge of lewd or lascivious molestation on a victim aged 12 or older but less than 16. This charge constitutes a second-degree felony with a maximum sentence of 15 years under section 800.04(5)(c). The jury was instructed on and ultimately convicted the defendant of this lesser offense.
Allegedly, however, the trial court entered a judgment erroneously reflecting the original charge of molestation involving a victim under 12 and sentenced the defendant to life imprisonment. This error was perpetuated through clerical inaccuracies, including incorrect notations in the presentence investigation report and sentencing documents. The defendant appealed, arguing the judgment and sentence were inconsistent with the jury’s verdict.
Fundamental Errors During Sentencing
On appeal, the court reviewed the case for fundamental error, given that the defense did not object to the trial court’s judgment at the time of sentencing. Fundamental errors are those that affect the foundation of a case or deny the defendant due process. The court found that adjudicating the defendant guilty of a crime not supported by the jury’s verdict constituted such an error.
The court reportedly determined that the jury’s verdict—finding the defendant guilty of the lesser-included offense of lewd molestation involving a victim aged 12 to 16—was supported by the evidence. It emphasized that Florida law allows a jury to convict a defendant of lesser offenses if they meet the criteria and are supported by evidence presented at trial. Since the victim’s testimony consistently established her age as 12 at the time of the offense, the second-degree felony conviction was appropriate.
Rather than ordering a new trial, the court ruled that the proper remedy was to remand the case to the trial court for correction. Specifically, the trial court was instructed to vacate the judgment and sentence for the first-degree felony and enter a new judgment consistent with the jury’s verdict. The court also directed the trial court to resentence the defendant based on the appropriate charges.
Confer with a Knowledgeable St. Petersburg Defense Attorney Today
Errors in the judicial process can have life-altering consequences, particularly when they lead to improper sentencing. If you are facing sex crime charges or seeking to appeal a conviction, you need a skilled defense attorney to ensure your case is handled properly. The St. Petersburg sex crime defense attorneys at Hanlon Law are dedicated to protecting the rights of the accused. Contact us today at 727-289-0222 or via our online form to schedule a consultation and discuss your legal options.