Law Offices of Robin Bresky Prevails in Substantial Reduction of Client’s Prison Sentence
State vs. Walker, No. 2013-CF-3015 (Fla. 2d Cir. Ct. Nov. 10, 2016)
Our client was sentenced to five years in prison following a conviction of burglary. At the time of the offense, our client was twenty-one years old and attending college, and he had no criminal record.
While the appeal of his conviction and sentence was pending, attorneys Robin Bresky and Jeremy Dicker of the Law Offices of Robin Bresky filed a Motion to Correct Sentencing Errors pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) in the trial court.
We argued in the motion that, in handing down the sentence, the trial court violated our client’s due process rights by relying on impermissible consideration of acquitted conduct. Specifically, the trial court relied on its own view of the evidence when it stated that our client possessed a firearm and caused extensive head injuries by pistol-whipping others, even though the jury had acquitted the client of those charges.
The trial court agreed with our argument and granted our motion. On November 10, 2016, our client was resentenced. His sentence was reduced by more than two years. The prison sentence was reduced to a term of 34.65 months, which is the lowest permissible prison sentence for his burglary conviction.
We were very pleased to prevail in obtaining justice for our client and to succeed in helping him receive a significant reduction of his sentence. Our client will be able to return home to his family and once again become a contributing member of society much sooner than originally expected. In the meantime, we are in the process of appealing his conviction.