Pumphrey Law Blog

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction in a case where 2 jurors indicated they would be more likely to think the defendant was guilty if they did not testify. Why? CASE: Fleming v. State, 366 So.3d 1179 (Fla. 1st DCA 2023) Outcome: Guilty verdicts AFFIRMED, as the trial judge did not err by refusing …

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

Case Summary Florida’s 4th District Court of Appeal ruled that a defendant was not entrapped by police in a sting operation during which he allegedly solicited what he believed to be a minor for sex. CASE: Marreel v. State, 841 So.2d 600 (Fla. 4th DCA 2003) Charge(s): Solicitation of a Minor Outcome: Guilty plea AFFIRMED, as the defendant was not …

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

Case Summary In a major case, Florida’s 2nd District Court of Appeal defined what constitutes a prima facie showing of Stand Your Ground immunity, which must be offered by the defendant before the burden shifts to the State to prove the use or threatened use of force was not legally protected. CASE: Jefferson v. State, 264 So.3d 1019 (Fla. 2d …

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

Florida’s 2nd District Court of Appeal affirmed a downward departure sentence for a defendant convicted of having sex with a 16-year-old while in a position of familial or custodial authority – finding the minor was a “willing participant” (despite being unable to legally consent). In Florida, sexual battery by a person in a position of familial or custodial authority (Fla. …

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

Case Summary Florida’s 3rd District Court of Appeal found that a defendant was not “entrapped” by police in a sting operation involving the alleged sale of drugs – but one judge disagreed. CASE: Blanco v. State, 218 So.3d 939 (Fla. 3d DCA 2017) Charge(s): Trafficking in Crystal Methamphetamine Outcome: Conviction affirmed due to lack of entrapment by law enforcement, as …

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

Case Summary Florida’s 4th District Court of Appeal concluded that a defendant charged with second-degree murder was immune from criminal prosecution, as the State failed to establish that he was not acting in self-defense when he shot and killed the alleged victim. CASE: Spencer v. State, 419 So.3d 654 (Fla. 4th DCA 2025)  Charge(s): Second-Degree Murder Outcome: Case DISMISSED pursuant …

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 …