Florida Third District Court of Appeal – Criminal Headnotes – October 24, 2018
DEVEN BROWN V. STATE OF FLORIDA – REVOCATION OF JUVENILE SANCTIONS; SCOPE OF CHARGING DOCUMENT
Appeal from an order revoking juvenile sanctions and sentencing the defendant as an adult to 25 years on the underlying charge of attempted first-degree murder, to which the defendant had entered a plea agreement that allowed him to avoid prosecution as an adult, despite a prior adjudication for aggravated assault.
Shortly after entering the plea, the defendant was charged in two separate incidents involving fellow inmates at the juvenile facility, an aggravated assault and a battery. While on conditional release, he was charged with attempted second-degree murder with a firearm.
The state moved to revoke the juvenile sanctions, citing only the most recent incident. At the hearing, the state sought to introduce evidence of the two incidents that had occurred while the defendant was still in custody. The trial court allowed this evidence over defense objections, found that the defendant was not suitable for juvenile supervision, and sentenced him as an adult to the mandatory minimum term for a first-degree felony with use of a firearm.
The appeals court reversed, agreeing with the defendant that the state was limited, per section 985.565(4)(c) of the Florida statutes and principles of due process, to the allegations of the charging document. On remand, however, the state may amend the charging document to include the earlier incidents.
M.G. V. STATE OF FLORIDA – HUMAN TRAFFICKING VICTIM; EXPUNCTION OF CRIMINAL RECORDS; EXCEPTIONS
Appeal by a human trafficking victim from order denying her petition to expunge her criminal history, which included a plea under which the state had nolle prossed a charge of kidnapping.
The appeals court affirmed, agreeing with the trial court that section 943.0583(3) of the Florida statutes, which provides for expunction of criminal records of human trafficking victims, excludes kidnapping charges, regardless of the disposition of those charges.