Pumphrey Law Blog

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

Case Summary Florida’s 2nd District Court of Appeal ruled that the defendant – who was adjudicated guilty of reckless driving after he drove 94 miles per hour when the speed limit was 40 – was not guilty of reckless driving as a matter of law. Here’s why. CASE: Harris v. State, 318 So.3d 645 (Fla. 2d DCA 2021) Charge(s): Reckless …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s convictions, finding that the State offered ‘race-neutral’ explanations for peremptorily striking potential jurors – and that the judge did not abuse his discretion by accepting these. However, one judge (partially) disagreed. CASE: Files v. State, 586 So.2d 352 (Fla. 1st DCA 1991)  Charge(s): Dealing in Stolen Property (3x) Outcome: …

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

Case Summary Florida’s Supreme Court reversed a ruling from Florida’s 2nd District Court of Appeal that found a defendant was not unlawfully entrapped – and affirmed a 1st DCA decision that found entrapment under nearly identical circumstances. CASE: Teague v. State, 472 So.2d 461 (Fla. 1985) Charge(s): Grand Theft Outcome: Conviction reversed due to entrapment of the defendant by law …

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

In a second-degree murder and attempted second-degree murder case, Florida’s 2nd District Court of Appeal found  sufficient evidence existed that the defendant acted with a ‘depraved mind,’ not in the ‘heat of passion.’ However, the Florida Supreme Court reversed this decision. In Florida, second-degree murder and attempted second-degree murder (Fla. Stat. 782.04(2) and Fla. Stat. 777.04) are very serious offenses. …

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

Case Summary Florida’s 5th District Court of Appeal affirmed a downward departure sentence for a defendant convicted of lewd or lascivious battery on a 13-year-old, finding the defendant did not know she was underage and she was willingly engaged in prostitution. CASE: State v. Brooks, 739 So.2d 1223 (Fla. 5th DCA 1999) Charge(s): Lewd or lascivious battery Outcome: Downward departure …

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

Case Summary Florida’s 1st District Court of Appeal reversed a woman’s conviction for aggravated assault with a firearm – which resulted in a 20-year prison sentence – based on a trial judge’s “fundamental error” in giving an incorrect jury instruction. CASE: Alexander v. State, 121 So.3d 1185 (Fla. 1st DCA 2013)  Charge(s): Attempted Second-Degree Murder Outcome: Conviction REVERSED, as trial …

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

Florida’s 1st District Court of Appeal issued two decisions approximately one year apart in the same case – in which a defendant alleged dual convictions for solicitation and traveling to meet a minor violated double jeopardy – that were shaped by the Florida Supreme Court’s evolving analysis. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious …

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

Case Summary Florida’s 2nd District Court of Appeal ruled that the defendant, who allegedly stole a vehicle and killed the driver of another car in a subsequent fatal collision, was not guilty of vehicular homicide. CASE: House v. State, 831 So.2d 1230 (Fla. 2d DCA 2002) Charge(s): Vehicular Homicide Outcome: Conviction reversed – as there was no evidence that the …

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 …