Court: Circuit Court for Fort Walton Beach, Florida
Charge: Trafficking in Heroin, Possession of Cocaine and Possession of Marijuana
Case Category: Post-Conviction Relief
Position: Our client was charged with Trafficking in Heroin, Possession of a Controlled Substance – Cocaine and Possession of Marijuana Under Twenty Grams. His trial counsel failed to file a Motion to Suppress based upon an illegal search in violation of the Defendant’s 4th Amendment rights. The Circuit Court following a jury trial sentenced the Defendant to 15 years in state prison for the heroin charge, 5 years in prison for the cocaine charge and one year in the county jail for the marijuana charge. All sentences were to run concurrent.
Status:Upon filing a Motion for Post-Conviction Relief based upon trial counsel’s failure to file a Motion to Suppress the illegal search, the State conceded the issue. By agreement with the State, our client was received a twelve-year sentence reduction and was resentenced to three years incarceration. He will be released in February 2018.