Nelson v. State
The Fifth District, on its own motion for rehearing, affirmed Nelson's guidelines sentence for cannabis trafficking and related offenses, rejecting his unpreserved claims that the trial court failed to properly consider his downward-departure request and improperly relied on his uncharged firearm ownership at sentencing. The court held that, under the Florida Supreme Court's decision in State v. Garcia, reliance on an arguably impermissible sentencing factor is no longer per se fundamental error, abrogating the Fifth District's prior 'may have relied' burden-shifting framework from Shelko and similar cases.
Key facts
- Nelson was convicted of cannabis trafficking and related offenses and received a guidelines sentence in the trial court.
- Nelson appealed, arguing the trial court failed to properly consider his downward-departure request and improperly considered his uncharged firearm ownership at sentencing.
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Why it matters
This opinion is significant because it expressly abrogates the Fifth District's own prior framework (and aligns with similar Second, First, and Fourth District cases) that treated a sentencing court's reliance on an… — full analysis with a trial
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