Yesterday we received amazing news from the appellate court: our client had his 30-year prison sentence cut in half.
Robert Key was charged with aggravated battery, a second degree felony, that carries a 15-year maximum term of prison. Upon the advice of counsel, Key rejected a plea offer to 15-years. The State then amended the charge to attempted murder, which was punishable by up to 30-years. However, Key's attorney was confident that the jury would only convict him of aggravated battery which they did.
After the verdict, the State filed a motion for Key to be sentenced as an habitual offender which Key's attorney had not counseled him about. The maximum 15-year sentence was doubled and Key was sentenced to 30-years.
Key's family hired my firm to get him post-conviction relief. We had an evidentiary hearing before the trial court. Key's attorney fell on the sword and candidly admitted that he had not counselled Key about potential enhanced sentencing penalties he could face. The trial court denied the 3.850 motion and we appealed. The Fourth District Court of Appeal found: "Key established a reasonable probability, sufficient to undermine our confidence in the outcome of the proceeding, that he was prejudiced by counsel’s misadvice."
The Law Offices of Robert David Malove is the premier criminal appeals and post conviction law firm in the State of Florida. If you or someone you know has been prejudiced as a result of ineffective assistance of counsel, call me!