Costa v. State
The Third District reversed Costa's sentence for attempted second-degree murder and grand theft, holding the trial court violated due process by expressly considering a 'no actioned' battery-by-detainee charge when imposing a 60-year sentence. Relying on its recent decision in Ramirez and the Florida Supreme Court's bright-line rule in Norvil, the court held that a trial court may never consider a subsequent arrest without conviction—including a 'no actioned' charge—at sentencing, and remanded for resentencing before a different judge. The court also ordered correction of a scrivener's error in the probation order and entry of a written judgment of acquittal on the aggravated assault count consistent with the jury's not-guilty verdict.
Key facts
- Costa was convicted of attempted second-degree murder and grand theft and received a 60-year sentence from the trial court.
- At sentencing, the trial court expressly considered a 'no actioned' battery-by-detainee charge that had not been adjudicated when imposing Costa's sentence.
- +2 more key facts with a free trial
Why it matters
This decision reinforces and extends the Norvil bright-line rule to 'no actioned' charges (as opposed to only nolle prossed or dismissed charges), making clear there is no meaningful distinction between the two for… — full analysis with a trial
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