Firearm Prison Sentence Slashed in Half Due to Ineffective Assistance of Counsel
Without a doubt, hiring the right attorney can make a difference! The client was charged with possession of a firearm after having been adjudicated delinquent in violation of §790.23(1)(b) Fla. Stat. The state offered the client a plea of 18-months which he rejected. The state placed this offer on the record and the judge advised the client that under the Criminal Punishment Code the lowest permissible sentence the court could impose, absent a downward departure was 33.15 months in prison. The court asked the client if he wanted to speak with attorney any further. Counsel advised the court they spoke in detail and they want to reject the 18-month offer. Counsel advised the court that the client wanted to enter an open plea and proceed on a motion for downward departure.
During the hearing on the motion for downward departure trial counsel called two witnesses, the client’s sister and a doctor that conducted a forensic psychological evaluation. During the doctor’s testimony the court heard testimony that the client advised the doctor that “on the day of the instant offense, the client indicated he took his firearm for protection. He noted always having his gun on him due to being scared for his life, being scared everywhere he goes.”
After hearing this testimony, the trial court denied the motion for downward departure and noted that it was very concerned by the testimony of the doctor which confirmed the client was carrying and sleeping with firearms while suffering from mental disorders. The trial court then sentenced the client to 60-months in prison.
The client hired The Law Offices of Robert David Malove. We went to work and reviewed the case file. After reviewing the entire file, we filed a Rule 3.850 motion. Upon receiving the 3.850 motion, the State stipulated that trial counsel acted contrary to his client’s interests during the motion for downward departure hearing.
The trial court found that trial counsel was ineffective for introducing the doctor’s testimony that was detrimental to the motion for downward departure, and in fact, warranted a more severe sentence than the lowest permissible sentence of 33.15 months.
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As a result of our work, the client was re-sentenced to 33.15 months down from 60-months in prison! The client was able to save 2-years and 3-months of his life behind bars due to The Law Office of Robert David Malove’s experience as a post-conviction attorney. If you’re in need of legal assistance in Broward County, FL, contact our office to set up a consultation today.