Pumphrey Law Blog

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 …

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. …