Pumphrey Law Blog

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s convictions after condemning the prosecutor’s improper appeals to the jury to decide the case based on sympathy for the alleged victim during closing arguments. CASE: Brown v. State, 593 So.2d 1210 (Fla. 2d. DCA 1992) Charge(s): Aggravated Assault, Robbery, Cocaine Possession Outcome: Conviction REVERSED, as the prosecutor’s repeated appeals to the …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal REVERSED a defendant’s major felony convictions after a prosecutor made improper remarks during closing arguments. But one 1st DCA judge disagreed. CASE: Redish v. State, 525 So.2d 928 (Fla. 1st DCA 1988) Charge(s): Racketeering, Solicitation to Commit Grand Theft Outcome: Convictions REVERSED, as the prosecutor’s impermissible comments during closing argument may have improperly influenced …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction, finding that the State offered a “genuine” race-neutral reason for exercising a peremptory strike on a Black juror. CASE: Bowden v. State, 787 So.2d 185 (Fla. 1st DCA 2001) Charge(s): Burglary, Criminal Mischief, Resisting Without Violence Outcome: Convictions AFFIRMED, as the State had a “genuine,” race-neutral reason for using a …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal ruled that because the defendant did not unequivocally invoke his right to an attorney during police questioning, law enforcement was NOT required to end the interview that ultimately produced the defendant’s confession. CASE: Eversole v. State, 278 So.3d 327 (Fla. 1st DCA 2019) Charge(s): Burglary, Dealing in Stolen Property Outcome: Conviction AFFIRMED, as the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal affirmed the dismissal of charges against a defendant for grand theft, finding that he was entrapped as a matter of law because he simply ‘succumbed to temptation’ and was not predisposed to commit the underlying offense. In Florida, entrapment serves as a “total defense” to criminal charges. If someone successfully argues that they were …

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s Supreme Court ruled that grand theft of a firearm defendants cannot be said to have “acquired a firearm” while committing a felony for sentence enhancement purposes. Learn why. In Florida, grand theft of a firearm (Fla. Stat. 812.014) is a very serious offense. It is considered a third-degree felony, punishable by up to 5 years in prison and a …

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Tallahassee and North Florida’s highest court rules that taking property from the bed of a pickup truck is felony burglary of a conveyance.  In Florida, burglary of a conveyance is a very serious felony offense under Fla. Stat. 810.02. It involves entering a conveyance to commit a separate crime while inside, such as theft (or any other crime other than …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, Possession of Burglary Tools is a very serious offense – but is often misunderstood. When someone faces a charge of Possession of Burglary Tools (Fla. Stat. 810.06), many questions arise. This blog will answer frequently asked questions about Possession of Burglary Tools in Florida. #1 – What is Possession of Burglary Tools? Possession of Burglary Tools occurs when …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, petit (petty) theft is a serious criminal offense. Even though it is commonly viewed as “not that serious,” petit theft can carry significant penalties if someone is found guilty, including jail or even prison time and hefty fines. When it comes to discussions about petit theft, there are common misunderstandings about what it is and the differences between …