Pumphrey Law Blog

April 16, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal ruled that the defendant’s vehicular homicide conviction did not require reversal, as the jury reasonably concluded that he drove recklessly. CASE: Byrd v. State, 531 So.2d 1004 (Fla. 5th DCA 1988)  Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, as the jury reasonably concluded that the defendant drove recklessly as a matter of law. Vehicular Homicide …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A divided 1st District Court of Appeal affirmed a defendant’s sexual battery conviction after evidence of an uncharged sexual battery he allegedly performed on another victim was admitted at trial. CASE: Donton v. State, 1 So.3d 1092 (Fla. 1st DCA 2009) Charge(s): Sexual Battery on a Victim with a Mental Defect Outcome: Conviction AFFIRMED, as “Williams Rule” (e.g. collateral crime) …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that interrogating officers violated the defendant’s Miranda rights when they failed to clarify he had the right to an attorney even if he could not afford one. CASE: Chavers v. State, 115 So.3d 1017 (Fla. 1st DCA 2013) Charge(s): First-Degree Murder Outcome: Conviction REVERSED, as officers violated the defendant’s Miranda rights when they …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for sexual battery with a deadly weapon and kidnapping, finding that law enforcement violated his Miranda rights. CASE: Miles v. State, 60 So.3d 447 (Fla. 1st DCA 2011) Charge(s): Sexual Battery with a Deadly Weapon, Kidnapping Outcome: Convictions REVERSED, as the defendant’s invocation of his right to remain silent was …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a juvenile’s adjudication of delinquency for aggravated assault after finding that lobbing ‘quarter-sized rocks’ in the direction of the victim was not aggravated assault with a deadly weapon. CASE: J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Adjudication of delinquency REVERSED, as the …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In 1993, Florida’s 1st District Court of Appeal allowed admission of collateral crime evidence in a sexual battery by a person in familial or custodial authority prosecution – but was reversed by the Florida Supreme Court. A decade later, however, the Florida Supreme Court indicated that a new statute made the 1st DCA opinion applicable (again). Sexual Battery by a …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that even though the prosecutor mischaracterized how Florida’s Stand Your Ground law applied in the defendant’s case, affirmance was required, as the trial judge’s failure to sustain the defense’s objection to the prosecutor’s comment was “harmless error.” CASE: Darby v. State, — So.3d — (Fla. 4th DCA 2026) Charge(s): Attempted Manslaughter by Act …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant validly did not unequivocally and unambiguously invoke his right to remain silent or right to counsel once custodial interrogation had commenced, requiring that his second-degree murder conviction be affirmed. CASE: Alvarez v. State, 890 So.2d 389 (Fla. 1st DCA 2004) Charge(s): Arson, Second-Degree Murder Outcome: Convictions AFFIRMED, as the defendant …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 6th District Court of Appeal ruled that the defendant was not entitled to a mistrial after a co-defendant testified he and the defendant texted about committing an additional, uncharged robbery. However, one judge disagreed. CASE: Quesada v. State, — So.3d — (Fla. 6th DCA 2026) Charge(s): Conspiracy to Commit Robbery with a Firearm, Attempted Robbery, Attempted Felony Murder Outcome: …