Clearwater Criminal Lawyer Blog
People convicted of domestic violence crimes will often be subject to a no-contact order, barring them from interacting with the protected party. If the court fails to issue such an order, the State may move to amend the sentence. If the party found guilty of the domestic violence crime is in the process of appealing their conviction, however, the State’s request should be denied while the appeal is pending, as discussed in a recent Florida opinion. If you are charged with a crime of domestic violence, you should speak to a Clearwater violent crime defense lawyer regarding what steps you can take to protect your rights.
History of the Case
It is reported that the defendant was convicted and sentenced for several offenses, including armed burglary of a conveyance with a battery. During the incident, the defendant allegedly stalked and battered the mother of his child using a sawed-off shotgun. Despite the nature of the crimes, the trial court did not impose a mandatory no-contact order as required by Florida law at the time of sentencing. After the sentencing, the defendant appealed his conviction.
Allegedly, while the appeal was pending, the State filed a motion to correct what it perceived as a sentencing error, alleging that the defendant had written multiple letters to the victim from prison, which she wanted to stop. The State sought to amend the sentence to include a no-contact order. The defendant objected to this motion, arguing that the trial court lacked jurisdiction to amend his sentence during the appeal. Nonetheless, the trial court granted the State’s motion and added the no-contact order to the defendant’s sentence. The defendant then appealed this decision.
Sentence Amendments During Appeals
On appeal, the court reviewed the trial court’s decision to amend the defendant’s sentence while his appeal was pending. The court acknowledged that under Florida Rule of Criminal Procedure 3.800(b), the State may move to correct a sentence during an appeal, but such corrections are limited to errors that benefit the defendant or involve clerical mistakes.
In the subject case, the court found that by adding a no-contact order, the trial court went beyond these permissible corrections, as this addition introduced a new punitive measure that could expose the defendant to further criminal liability if violated. The court, therefore, ruled that the trial court had exceeded its authority. It affirmed the original judgment and sentence but reversed the amended sentence that included the no-contact order. The case was remanded with instructions for the trial court to vacate the amended sentence.
Meet with a Skilled Clearwater Criminal Defense Attorney
While the Florida courts have the right to correct sentencing errors, the circumstances under which they can modify a sentence are limited. If you are charged with battery or another violent crime, it is important to understand your rights, and you should meet with an attorney as soon as possible. The skilled Clearwater violent crime defense attorneys at Hanlon Law can assess your charges and help you seek the best outcome available. You can contact Hanlon Law through our online form or by calling 727-897-5413 to arrange a conference.