Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled the trial judge gave improper weight to “mitigating” factors after a physician was convicted of solicitation of a minor online. Found out why. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious felony offense. It is a third-degree felony – punishable by up to 5 years in prison and …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal found the defendant, the current boyfriend of the victim’s ex-husband, killed the victim out of “ill will, spite, hatred, or evil intent.” CASE: Soberon v. State, 545 So.2d 490 (Fla. 3d DCA 1989) Charge(s): Second-Degree Murder Outcome: Conviction affirmed, as the boyfriend of the victim shot the victim’s husband out of “ill …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal ruled that the defendant, whose charges stemmed from a prison riot, was required to receive a new trial after a juror failed to disclose her nephew was a local correctional officer. CASE: Mitchell v. State, 458 So.2d 819 (Fla. 1st DCA 1984) Charge(s): Rioting (Prison Riot) Outcome: Conviction reversed and new trial …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Though officers can generally lie to suspects during interrogation, Florida’s 1st District Court of Appeal ruled that officers cannot affirmatively misstate the law in an effort to get them to confess to what the suspect believes is a “less serious” crime. CASE: Baptiste v. State, 179 So.3d 502 (Fla. 1st DCA 2015)  Charge(s): Armed Robbery, Conspiracy to Commit …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Decisions from Florida’s 4th and 5th District Courts of Appeal show that whether a downward departure (e.g. a lighter sentence) is warranted in a sexual battery by a person in familial or custodial authority case depends on the circumstances. In Florida, sexual battery by a person in a position of familial or custodial authority is a very serious felony offense. …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant was guilty of attempted second-degree murder after he pointed it at the victim’s stomach and made a remark that he “should have killed him” after shooting him. CASE: Perez v. State, 187 So.3d 1279 (Fla. 1st DCA 2016) Charge(s): Attempted Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant deliberately …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 4th District Court of Appeal reversed a defendant’s conviction for cocaine trafficking after the trial judge “abused his discretion” by prohibiting the defendant’s lawyer from asking potential jurors if they would accept an entrapment defense. CASE: Walker v. State, 724 So.3d 1232 (Fla. 4th DCA 1999) Charge(s): Trafficking in Cocaine Outcome: Conviction reversed, as trial judge impermissibly …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s aggravated assault conviction after finding a “reasonable person” in the victim’s position would have been in well-founded fear of violence. One judge voiced disagreement with the judicial trend that shaped the ruling. CASE: Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020) Charge(s): Aggravated Assault with a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary In a foundational second-degree murder case, Florida’s 1st District Court of Appeal ruled that a defendant’s “joke” to the victim before fatally shooting her supported the finding that he acted with a “depraved mind.” CASE: Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969) Charge(s): Second-Degree Murder Outcome: Defendant’s conviction affirmed, as a comment he made before …