It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. If the defendant is ultimately convicted of the crimes with which he or she is charged if the information in the affidavit differs from the evidence presented at trial, the court cannot consider the information in the affidavit in determining an appropriate sentence. If the judge does consider unsubstantiated allegations in sentencing a defendant, it may be considered a violation of the defendant’s constitutional rights and is grounds for vacating the sentence. This was shown in a recent Florida appellate court case in which the defendant was convicted of various sex crimes. If you are charged with a sex crime in Sarasota, it is prudent to speak with a capable Sarasota sex crime attorney to assess your available defenses.
Procedural Background of the Case
Reportedly, the defendant was charged with lewd and lascivious battery of a child and with using a child in a sexual performance. A jury trial was held, during which the State introduced evidence that the defendant was involved in a sexual encounter with the victim, who was underage, and that he made a video recording of the encounter. The jury convicted the defendant of both charges.
It is alleged that during the sentencing hearing, the judge stated she was sentencing the defendant based on the circumstances surrounding the offense. The judge then proceeded to recite facts that were in the affidavit in support of the defendant’s arrest, which were different than the evidence produced at trial. The defendant’s attorney called the judge’s attention to the fact that there was no evidence of record to support the circumstances the judge relied upon in crafting her sentence. The judge agreed but issued the sentence of fifteen years imprisonment followed by fifteen years of sex offender probation regardless. The defendant appealed.