posted 2020 | State v. CP
This year has certainly been one most people want to forget, but not this client. He will be getting out in less than five years! Client was charged with multiple burglaries and was a prison release reoffender (PRR designated). After being convicted, he was sentenced to 30 years in prison. He lost his appeal and was beginning to lose hope. He was 25 years old with a mandatory 30 year sentence and desperate for help.
The client heard about Mr. Forman from a fellow inmate that Mr. Forman successfully assisted. The family hired Mr. Forman to file a motion for post-conviction relief under Florida Rule Criminal Procedure 3.850, often referred to a 3850 motion. After examining all of the records, Mr. Forman filed a seven claim motion, arguing that he was entitled to a new trial because his lawyer did not provide effective assistance of counsel.
The trial was plagued with numerous errors because his trial lawyer failed to object to the improper actions of a very aggressive prosecutor. The prosecutor improperly commented in closing argument, violated Giglio by knowingly presenting false testimony by a co-defendant, presented improper evidence, and even made improper arguments at sentencing. Although Mr. Forman believed his motion was strong, the prosecutor offered a reduction in sentence that was too good to pass up! Of course, the client and his family are ecstatic that he will be home soon.