Appeal Briefs

PRELIMINARY STATEMENT Throughout this brief Appellant will be referred to as “State” or “Appellant.” Appellee will be referred to as “Defendant.” The Record on Appeal designated as Record on Appeal Volume I will be referred to as R. followed by the page number(s). STATEMENT OF THE CASE AND FACTS On…

STATEMENT OF THE CASE The Appellant was arrested, pursuant to an arrest warrant, and charged with stalking, in violation of Florida Statute 748.048(2). (R. 1 at 1-3). The Appellant and the alleged victims, L. and J. W., are neighbors. (R. 3 at 28). Prior to the initiation of criminal proceedings,…

STATEMENT OF FACTS Preliminarily, the Attorney General “urges this Court to rely on the trial courts (sic) findings below,” rather than providing a statement of facts. Answer Brief (“AB”) at 3. First, it is incumbent on the Attorney General to only advocate those facts that were actually developed in the…

STATEMENT OF THE CASE The Appellant was arrested by Officer J. L. N. of the Jacksonville’s Sheriff’s Office on November 1, after an investigation and interrogation by law enforcement, and charged with Violation of Injunction for Protection against Domestic Violence, in violation of Florida Statute 741.31(4)(A) and Domestic Battery, in…

RESPONSE AND REBUTTAL TO STATEMENT OF THE CASE AND FACTS BY STATE A. State’s Position Appellant notes the State “accepts the Appellant’s facts and procedural history.” Answer Brief at 5. The State thereupon alleges additional facts, many of which are unsupported (and in some cases, contradicted) by the record, contrary…

STATEMENT OF THE CASE The Appellant was arrested by Officer P. B. of the Jacksonville’s Sheriff’s Office on July 16, after an interrogation by law enforcement, and charged with Armed Robbery and Felony Murder for the Murder of M. and A. B. on July 14. (R. 1 at 1-4). Three…

PRELIMINARY STATEMENT Throughout this brief, Appellant, the State of Florida, will be referred to as Appellant or State. Appellee, will be referred to as Appellee or Defendant. The Record on Appeal, designated as Record of Appeal Volume 1 of 2 and Record of Appeal Volume 2 of 2 are continuously…

SUMMARY OF THE ARGUMENT Issue I – The Government incorrectly claims that the independent source doctrine mandates a remand for additional fact finding on the question of whether Detective E.(the officer investigating the Appellant for child pornography) “would have” sought a search warrant absent his knowledge of the fruit of…

ARGUMENT ISSUE I The Trial Court Erred by Declining to Impose A Youthful Offender Sentence Based on Impermissible Considerations and Erroneous Legal Conclusions The State did not object to the statement of the standard of review, in this case, as de novo. “Because a motion to correct a sentencing error…

PRELIMINARY STATEMENT Throughout this brief Appellant will be referred to as “State” or “Appellant.” Appellee will be referred to as “Defendant”. The Record on Appeal, designated as Record on Appeal Volume I will be referred to as R. followed by the page number(s). STATEMENT OF THE CASE AND FACTS On…