Alcantara-Menjivar v. State
The Second DCA reversed a 48-year sentence for child pornography possession because the trial court's on-the-record comments suggested it impermissibly penalized the defendant for exercising his right to a jury trial, especially where the sentence was nearly three times the 17-year plea offer the court had indicated it would accept. The court also found the $1,000 public defender's fee was improperly imposed without the required notice and opportunity to be heard under section 938.29(5). The judgment was affirmed but the sentence was reversed and remanded for resentencing before a different judge.
Key facts
- Defendant was charged with child pornography possession and proceeded to jury trial rather than accepting a plea offer.
- The trial court imposed a 48-year sentence, nearly three times the 17-year sentence it had indicated it would accept under the plea offer.
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Why it matters
This opinion reinforces and applies the well-established but frequently litigated rule that a sentencing court may not penalize a defendant for exercising the right to a jury trial, and it provides a useful factual… — full analysis with a trial
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