Roberts v. State, 235 So. 3d 1001 (Fla. 2d DCA 2017). · Go Syfert
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Roberts v. State, 235 So. 3d 1001 (Fla. 2d DCA 2017). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: TIMOTHY TURNER v. STATE OF FLORIDA (fladistctapp, 2018-12-19)
Top citers, strongest first. 3 distinct citers.
discussed Cited "see" TIMOTHY TURNER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See N.D.W. v. State, 235 So. 3d 1001, 1002 (Fla. 2d DCA 2017) ("The burden is on the State to show that the trial court did not rely on the improper factor in imposing the sentence where it appears that the trial court may have done so." (first citing Fernandez, 212 So. 3d at 497 ; then citing Norvil, 191 So. 3d at 409 )).
discussed Cited "see, e.g." ADAM T. THARP v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · signal: see also · confidence medium
As this court has repeatedly held, "incidents of misconduct occurring after the charged offense, some of which did not result in charges or arrests, [are] impermissible sentencing factors." Love v. State, 235 So. 3d 1037, 1039 (Fla. 2d DCA 2018); see also N.D.W. v. State, -3- 235 So. 3d 1001, 1002 (Fla. 2d DCA 2017) (reversing and remanding for a new disposition hearing when the State relied on uncharged misconduct to support its recommended sentence); Mosley v. State, 198 So. 3d 58, 60 (Fla. 2d DCA 2015) (same); Hernandez v. State, 145 So. 3d 902, 905 (Fla. 2d DCA 2014) ("[U]ncharged crimes c…
discussed Cited "see, e.g." KIMBERLY JANE LUNDQUIST v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
The State argued that it was not aware of the subsequent sales until trial and that "law enforcement . . . [had] information from multiple informants that they can purchase drugs from her as well." Without citing any authority, the State claimed that it was "absolutely allowed to comment on uncharged criminal acts and the case law is clear on that." This court has repeatedly explained "that incidents of misconduct occurring after the charged offense, some of which did not result in charges or arrests, [are] impermissible sentencing factors." Love v. State, 235 So. 3d 1037, 1039 (Fla. 2d DCA 20…
Javoney D. ROBERTS
v.
STATE of Florida
Case No. 2D16-5085.
District Court of Appeal of Florida, Second District.
Dec 27, 2017.
235 So. 3d 1001
Javoney D. Roberts, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and Chelsea S. Alper, Assistant Attorney General, Tampa, for Appellee.
Badalamenti, Silberman, Sleet.
Published
SILBERMAN, Judge.

We affirm the final order summarily denying Javoney D. Roberts’ petition for writ of mandamus without prejudice to allow him to file a facially sufficient petition that attaches a copy of his public records request that he made to the State Attorney’s Office. See Fla. R. Civ. P. 1.630(b); Gilliam v. State, 996 So.2d 966, 958 (Fla. 2d DCA 2008); Major v. Hallandale Beach Police Dep’t, 219 So.3d 856, 858 (Fla. 4th DCA 2017); Woodard v. State, 885 So.2d 444, 445 (Fla. 4th DCA 2004). If Roberts states a facially sufficient claim, then the circuit court must issue an alternative writ of mandamus requiring the State Attorney’s Office to show cause why Roberts is not entitled to the requested relief. See Fla. R. Civ. P. 1.630(d)(2); Gilliam, 996 So.2d at 968; Farmer v. State, 927 So.2d 1076, 1076 (Fla. 2d DCA 2006).

Affirmed without prejudice.

SLEET and BADALAMENTI, JJ., Concur. .