Legal Question in Criminal Law in Florida

Governor Scott repealed the minimum mandatory sentencing in Florida CS/SB 228 on 2/24/16, for aggravated assault with a weapon F.S.775.087(2)(a) which became effective 7/1/2016. My loved one was sentenced in June 2008 to 20 years , minimum mandatory, and I would like to know : A. Is he eligible to apply for COMMUTATION OF SENTENCE THROUGH Office of Clemency NOW or does he have to wait to serve 50% of his sentence ? B: : If he is not eligible for commutation now, .....since he is now being held on F.S. 775.087...which no longer exists...isn't he being held on an illegal sentence and can he file a motion to recompute his sentence in the Lower Court now and what are the drawbacks to this method ? C: Is there a guideline as to the calculation used in commutation posted anywhere on line or is the commutation done on a case-by-case basis /...thank you....


Asked on 12/05/16, 10:29 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

He may be eligible for an appeals issue but it depends on whether or not the law is retroactive. Often times it is not. This is something that will need to be decided on an appeal since the law is so new, there are probably few, if any, appellate cases on the issue. You really should talk to the public defender's office, or hire an attorney that handles criminal appeals.

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Answered on 12/08/16, 6:35 am


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