Can a Florida Sentencing Judge Consider Previously Dismissed Charges?

Following conviction for any crime in Florida, the trial judge must consider a number of factors before pronouncing sentence. These factors include the circumstances surrounding the crime. The court may also consider the defendant’s prior criminal record.

With respect to a criminal record, however, the trial judge cannot consider mere allegations of past wrongdoing. In fact, the court may not consider any unsubstantiated prior charges that were ultimately dismissed. Nor is the judge allowed to engage in speculation about what crimes the defendant “might” commit in the future.

Appeals Court Orders New Sentencing in Firearms Case

For example, the Florida Second District Court of Appeal recently ordered a new sentencing hearing in a case, Alhasani v. State, where the trial court did consider these “improper” factors in sentencing the defendant.

Prosecutors charged the defendant with two counts of being a juvenile delinquent in possession of a firearm. The case began with a police investigation into a shooting incident where the defendant himself was one of the injured parties. During their investigation, local police searched the defendant’s cell phone, which contained numerous images of him in possession of firearms for a period of several months leading up to the shooting.

The defendant pleaded guilty to both charges. The defendant faced a sentence of up to 10 years in prison. At sentencing, the prosecution repeatedly referenced an earlier case where the defendant was initially charged with attempted murder. Those charges were later dismissed. The prosecution also referred to the videos of the defendant possessing firearms, which were not specifically charged in this case as crimes.

The trial judge ended up sentencing the defendant to 6 years in prison followed by 5 years probation. In pronouncing the sentence, the judge commented, “There are seldom somebody who’s been shot twice and allegedly shooting at somebody at least once and got the storied history that you seek to have.” The judge added that “if the past is any prologue, this is not the last time you’ll be standing in front of some judge.”

The Second District took exception to that last comment, noting it suggested “that the trial court relied on speculation that [the defendant] might commit crimes in the future,” which is not a proper factor in determining a sentence. The appellate court also likely considered uncharged acts, specifically the previously dismissed attempted murder case. As such, the Second District said the defendant was entitled to a new sentencing hearing before a new judge.

Contact an Orlando Criminal Defense Attorney

Even when a person takes responsibility for a criminal act by entering a plea of guilty or no-contest, they still have certain due process rights when it comes to fair sentencing. An experienced Orlando criminal defense lawyer can help you in making a strong case for yourself throughout the criminal justice process. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

2dca.flcourts.gov/content/download/2444008/opinion/Opinion_2023-1525.pdf