Morrobel v. State
After pleading guilty to all charges, Morrobel argued on appeal that the trial court violated his due process rights by cutting off his mitigation testimony before sentencing. The Sixth DCA first had to decide whether it had jurisdiction to hear a sentencing-error claim following a guilty plea under Rule 9.140(b)(2)(A)(ii)(e), and sided with then-Judge Tannenbaum's concurrence in Emerson v. State (1st DCA) that such claims are reviewable if properly preserved, expressly certifying conflict with the First DCA's majority holding in Emerson. On the merits, the court affirmed, finding the testimony Morrobel sought to present was irrelevant to sentencing under Rule 3.720(b) because it was aimed only at persuading the State to move for a substantial-assistance departure, which the State had already declined to do.
Key facts
- Morrobel pleaded guilty to all charges in the trial court.
- At sentencing, the trial court cut off Morrobel's mitigation testimony before he could present evidence he claimed was relevant to his sentence.
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Why it matters
This opinion is significant primarily for its certified conflict with the First DCA's Emerson decision on whether a defendant who pleads guilty can obtain direct appellate review of sentencing-process errors under Rule… — full analysis with a trial
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