Legal Question in Criminal Law in Florida

where do i start

i have a person incarcerated and trying to get an appeal with no help from the pd office.

he was convicted of aggravated battery and got 15 years. i have been told there is a law that the judge can not max you out if you have a plea on record. his plea was 4 years and 10 years probation. the law as supposed to have passed in 06 a year before his trial. something to do with ''vindictive sentencing''. is there any such law and if so where can i find it


Asked on 2/18/09, 10:22 pm

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: where do i start

In order to file an appeal, you would have had to file a notice of appeal within 10 days of the sentence. Normally, the PD is appointed at the sentencing for that purpose, and would have done it.

If he went to trial, that means he did not take the plea, and it would have been withdrawn. Vindictive sentencing usually only applies if the Judge makes the offer before trial, and then drastically increases the penalty after trial without putting an explanation on the record.

I would be more than happy to look into this matter further. Please feel free to contact me at your convenience.

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Answered on 2/19/09, 8:19 am


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