Procedural History of the Case

It is alleged that the defendant was charged with traveling to meet a minor in violation of Florida law, and unlawful use of computer service in violation of Florida law, both of which were crimes of a sexual nature. He was adjudicated guilty and sentenced by the court. His sentence included a requirement that he register as a sex offender. As such, he filed a petition to remove the requirement. The sentencing court denied the defendant’s motion, after which he appealed.

Removal of the Requirement to Register as a Sex Offender

Under Florida law, if certain requirements are met, a court has the discretion to consider removing a requirement imposed on a defendant convicted of a sex crime. Specifically, the requirement can be waived if a defendant is convicted of sexual performance of a child, lascivious or lewd offenses that were committed in the presence of a person under the age of sixteen, and engaging in specific computer transmissions that are prohibited by law.

In the subject case, the appellate court noted that the crimes for which the defendant was convicted did not fall under the enumerated offenses that would permit a court to waive the requirement to register as a sex offender. The appellate court was not persuaded by the defendant’s argument that the crimes he was convicted of were similar to the enumerated crimes. Specifically, the appellate court explained that it was not at liberty to read words into the statute that were not included by the legislature, as when a statute’s language is clear and unambiguous, it cannot be extended or limited, or otherwise modified. As such, the appellate court affirmed the trial court ruling.

Meet with a Criminal Defense Attorney to Discuss Your Charges

If you live in Sarasota and are charged with a sex crime or any other criminal offenses, it is critical to meet with an attorney to discuss what measures you can take to protect your rights. William Hanlon of Hanlon Law is a skillful Sarasota sex crime defense attorney with the knowledge and experience needed to help you seek the best result available under the facts of your case, and he will work tirelessly on your behalf. You can contact Mr. Hanlon at 941-462-1789 or through the form online to schedule a meeting.

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Procedural Background of the Case

Reportedly, the defendant was charged with lewd and lascivious battery of a child and with using a child in a sexual performance. A jury trial was held, during which the State introduced evidence that the defendant was involved in a sexual encounter with the victim, who was underage, and that he made a video recording of the encounter. The jury convicted the defendant of both charges.

It is alleged that during the sentencing hearing, the judge stated she was sentencing the defendant based on the circumstances surrounding the offense. The judge then proceeded to recite facts that were in the affidavit in support of the defendant’s arrest, which were different than the evidence produced at trial. The defendant’s attorney called the judge’s attention to the fact that there was no evidence of record to support the circumstances the judge relied upon in crafting her sentence. The judge agreed but issued the sentence of fifteen years imprisonment followed by fifteen years of sex offender probation regardless. The defendant appealed.

A Trial Court’s Consideration of Unsubstantiated Allegations

Under Florida law, if a trial court considers unsubstantiated allegations of a defendant’s misconduct in issuing a sentence, it constitutes a violation of the defendant’s due process rights. Thus, where the record shows that a trial judge might have weighed impermissible considerations in deciding what sentence to impose, the State bears the burden of proving that the judge did not, in fact, rely on such considerations, based on the record as a whole. In the subject case, the court found that the State was unable to meet its burden of proof. Thus, the court remanded the matter for a new sentence to be issued by a different judge.

Confer with a Trusted Criminal Defense Attorney

If you are a resident of Sarasota faced with charges that you committed a sex crime, it is wise to confer with a trusted Sarasota sex crime attorney to determine what actions you may be able to take to protect your rights. Attorney William Hanlon of Hanlon Law is a proficient Sarasota attorney who will work tirelessly to help you seek the best legal result available in your case. You can reach Mr. Hanlon via the form online or at 941-462-1789 to set up a free and confidential conference.

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