Our Case Results
What are case results the attorneys of Chase Law Florida have achieved in the past?
The following are case results obtained by attorneys Dane Chase and Brett Chase. However, all cases are different, and the following results are case specific. If you are interested in viewing information about attorney Dane Chase's and Brett Chase's past results please read and acknowledge the information below. The information in this section contains information about attorney Dane Chase’s and Brett Chase's past results; The information has not been reviewed or approved by The Florida Bar.
You should know that:
The facts and circumstances of your case may differ from the matters in which results have been provided. All results of cases handled by Dane K. Chase, Esq. and Brett S. Chase, Esq., are not provided.
The results provided are not necessarily representative of results obtained by attorneys Dane Chase and Brett Chase. Every case is different, and each client's case must be evaluated and handled on its own merits.
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Francis Wong v. State of Florida, Case No. SC15-2192
Background: Mr. Wong was serving a life sentence for lewd and lascivious molestation, when attorney Chase took over his appeal and argued that the trial court erred by declining to give a jury instruction on a lesser included offense as requested by defense counsel.
Appelate result: The Florida Supreme Court agreed, reversed Mr. Wong’s Judgment and Sentence, and remanded his case for a new trial.
Nathan Floyd v. State of Florida, Case No. 2D14-2596
Background: Mr. Floyd was serving a life sentence for Sexual Battery with a Weapon when attorney Chase took over his appeal and argued that the sentence imposed upon him was vindictive.
Appelate result: The Court agreed, reversed Mr. Floyd's life sentence, and remanded his case for a new sentencing hearing.
United States of America v. Alexander Leszczynski, Case No. 23-13335
Background: Mr. Leszczynski was convicted of three counts of Wire Fraud, two counts of Bank Fraud, and three counts of an Illegal Monetary Transfer, and sentenced to a total of 210 months imprisonment when attorney Chase took over his appeal and argued that the district court erred by denying Mr. Leszczynski's Motion to Withdraw Plea.
Appelate result: The Eleventh Circuit Court of Appeal agreed, found Mr. Leszczynski had an absolute right to withdraw his guilty plea, vacated his Judgment and Sentence, and remanded the case for further proceedings.
United States of America v. Alexander Leszczynski, Case No. 23-13743
Background: In a different case, Mr. Leszczynski was convicted of one count of Murder for Hire, and one count of Obstruction of Justice, and sentenced to a total term of 210 months imprisonment, when attorney Chase took over his appeal and argued that the district court plainly erred in calculating his criminal history score for purposes of the sentencing guidelines by including in the calculation his prior sentences for fraud, as those offenses were part of his current offense conduct.
Appelate result: The Eleventh Circuit Court of Appeal agreed, and vacated Mr. Leszczynski's sentence, and remanded his case for a new sentencing hearing.
Sirarthur Daniels v. State of Florida, Case No. 2D22-3296
Background: Mr. Daniels was serving a 10 year sentence for aggravated battery when attorney Chase took over his case and argued that the trial court fundamentally erred by providing the jury with the forcible-felony exception to the justifiable use of nondeadly force instruction it was given.
Appelate result: The Second District agreed, and reversed Mr. Daniels's Judgment and Sentence, and remanded his case for a new trial.
United States of America v. Pedro Rodriguez, Case No. 12-12257
Background: Mr. Rodriguez was serving a life sentence for conspiracy to possess with intent to distribute five (5) kilograms or more of cocaine, conspiracy to launder money, and other charges, when attorney Dane Chase took over his case and argued that Mr. Rodriguez's mandatory life sentence must be reversed because Mr. Rodriguez did not have the prior convictions required to support the imposition of a mandatory minimum life sentence upon him.
Appelate result: The 11th Circuit Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Rodriguez's life sentence, and remanded his case for a new sentencing hearing.
Jose Baez-Ortiz v. State of Florida, Case No. 2D19-0379
Background: Mr. Baez-Ortiz was convicted of lewd or lascivious conduct on a child by a person 18 years old or older and sentenced to 15 years imprisonment when attorney Chase took over his appeal and argued that evidence introduced by the state during trial should have been excluded.
Appelate result: The Second District Court of Appeal agreed, and reversed and remanded Mr. Baez-Ortiz's case for a new trial.
Timothy Dobbins v. State of Florida, Case No. 2D18-0401
Background: Mr. Dobbins was convicted of burglary of a structure causing damage greater than $1,000,and sentenced to 15 years imprisonment when attorney Chase took over his appeal and argued that the evidence was legally insufficient to prove Mr. Dobbins’s guilt.
Appelate result: The Second District Court of Appeal agreed, vacated his Judgment and Sentence, and ordered his immediate discharge from custody.
Kevin Zetrouer v. State of Florida, Case No. 2D21-1693
Background: Mr. Zetrouer was convicted of possession of marijuana when attorney Chase took over his appeal and argued he was entitled to a judgment of acquittal, as the state failed to introduce evidence of the marijuana he allegedly possessed.
Appelate result: The Second District Court of Appeal agreed with attorney Chase, and reversed Mr. Zetrouer’s Judgment and Sentence for possession of marijuana.
Anthony Lamberson v. State of Florida, Case No. 2D21-1557
Background: Mr. Lamberson was sentenced to 5 years imprisonment for a third degree felony when attorney Chase took over his appeal and argued that Mr. Lamberson was entitled to have his sentence reversed and his case remanded for the entry of a nonprison sentence based upon his scoresheet and the trial court’s lack of findings.
Appelate result: The Second District Court of Appeal agreed with attorney Chase, reversed Mr. Lamberson’s sentence, and remanded his case for the entry of a nonprison sentence.
Gary Mays v. State of Florida, Case No. 2D13-273
Background: Mr. Mays was serving a 20 year sentence for Witness Tampering concurrent with two 5 year sentences for principal to perjury when attorney Chase took over his appeal and argued that his Witness Tampering and Principal to Perjury charges, which concerned the same witness, violated his double jeopardy rights.
Appelate result: The Second District Court of Appeal agreed with attorney Chase's argument, and vacated Mr. Mays's Witness Tampering charge, thus reducing Mr. Mays's total term of imprisonment from 20 years to 5 years.
Lisa Christopolus v. State of Florida, Case No. SC15-2137
Background: Ms. Christopolus was serving two consecutive sentences of 20 years imprisonment on two separate convictions for aggravated assault on a law enforcement officer with discharge of a firearm under Florida's 10/20/Life statute for a total term of imprisonment of 40 years, when attorney Chase took over her appeal and argued that the trial court erred by finding it was required to impose her sentences consecutively under the 10/20/Life statute.
Appelate result: The Florida Supreme Court agreed with attorney Chase's argument, and ordered that Ms. Christopolus's sentences be vacated, and that a new sentencing hearing be held.
Marcus Burson v. State of Florida, Case No. 2D11-5823
Background: Mr. Burson was convicted of Trafficking in Oxycodone when attorney Chase took over his appeal and argued that Mr. Burson was entitled to a new trial because the jury was improperly instructed on theories of guilt not charged in the Information filed against Mr. Burson.
Appelate result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Burson's Judgment and Sentence, and remanded his case for a new trial.
Heidi Wunsche v. State of Florida, Case No. 2D10-3121
Background: Ms. Wunsche was convicted by a jury of child neglect with great bodily harm when attorney Chase took over her appeal and agrued that that the trial court committed fundamental error by instructing the jury that it could convict her based on an uncharged theory of guilt.
Appelate result: The Second District court of Appeal agreed with attorney Chase's argument, and reversed Ms. Wunsche's Judgment and Sentence, and remanded her case for a new trial.
Robert Heckman v. State of Florida, Case No. 5D10-2162
Background: Mr. Heckman was found to be in violation of his probation and sentenced to 22 years imprisonment when attorney Chase took over his appeal, and argued that his violation of probation was not willful and substantial.
Appelate result: The Fifth District Court of Appeal agreed with attorney Chase's argument, and reversed the order revoking Mr. Heckman's probation and corresponding 22 year sentence.
Collateral Appeals
James Buhs v. Secretary, Florida Department of Corrections, Case No. 18-10801
Background: The United States District Court for the Southern District of Florida denied Mr. Buhs’s Petition filed under 28 U.S.C. Section 2254 deferring to the state court’s resolution of Mr. Buhs’s post-conviction relief claims and he appealed to the Eleventh Circuit Court of Appeals. Attorney Chase argued the state court had unreasonably determined the facts of Mr. Buhs’s case, that deference was therefore inappropriate, and reversal was required.
Appelate result: The 11th Circuit Court of Appeal agreed with attorney Chase’s argument, reversed the order denying relief, and remanded the case for further proceedings.
United States of America v. David Bullock, Case No. 20-10469
Background: Mr. Bullock filed a Motion for First Step Act Relief, and the district court denied the motion finding he was he was held accountable for 166.75 grams of crack cocaine during sentencing, thus rendering him ineligible for relief. Attorney Dane Chase argued Mr. Bullock was only accountable for the 25 grams of crack cocaine set forth in this plea agreement and thus eligible for relief.
Appelate result: The 11th Circuit Court of Appeal agreed with attorney Chase’s argument, reversed the order denying relief, and remanded the case for reconsideration of Mr. Bullock’s Motion.
Willie Barnes v. State of Florida, Case No. 1D18-41
Background: Mr. Barnes was serving a life sentence for the offense of First Degree Murder when attorney Chase took over his collateral appeal and argued he was entitled to the reinstatement of a trial court order which had granted him a new sentencing hearing.
Appelate result: The First District Court of Appeal agreed with attorney Chase’s argument, quashed the order on appeal and remanded the case for a new sentencing hearing where a lawful sentence was to be imposed.
Caleb Fernandez v. State of Florida, Case No. 2D22-1039
Background: Mr. Fernandez had been denied relief on his Fla. R .Crim. P. 3.850 Motion for Post-Conviction Relief when attorney Chase took over his appeal and argued he was entitled to reversal on two grounds as the circuit court had failed to adequately explain its basis for denial.
Appelate result: The Second District Court of Appeal agreed with attorney Chase, reversed the circuit court’s order and remanded the case for further proceedings.
Rashad Taylor v. State of Florida, Case No. 2D13-4487
Background: Mr. Taylor was serving a mandatory minimum life sentence for the charge of First Degree Murder when attorney Chase filed a collateral appeal arguing that his life sentence constituted cruel and unusual punishment prohibited by the Eighth Amendment.
Appelate result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Taylor's sentence and remanded his case for a new sentencing hearing.
Jovan Lamb v. State of Florida, Case No. 2D11-6111
Background: Mr. Lamb was serving a thirty-five (35) year sentence for charges of Armed False Imprisonment, Burglary of a Conveyance, Grand Theft, and Fleeing to Elude a Law Enforcement Officer when attorney Chase took over his collateral appeal, and argued that Mr. Lamb was deprived of his right to the effective assistance of counsel during his trial proceedings.
Appelate result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed and remanded Mr. Lamb's case for a new trial.
Patrick Ford v. State of Florida, Case No. 1D13-4107
Background: Mr. Ford was serving two life sentences for two charges of attempted first degree murder with a firearm, when attorney Chase took over his collateral appeal and argued that his convictions could not be enhanced from first degree felonies to life felonies because the jury specifically found that Mr. Ford did not possess a firearm during the commission of the offenses.
Appelate result: The First District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Ford's life sentences and remanded his case for a new sentencing hearing.
Charles Southern v. State of Florida, Case No. SC14-91
Background: Mr. Southern was serving a life sentence for the offense of Second Degree Murder, when attorney Chase took over his representation and argued that his sentence constituted cruel and unusual punishment, as Mr. Southern was only 17 at the time of the offense.
Appelate result: The Florida Supreme Court agreed with attorney Chase's argument, and ordered that Mr. Southern's sentence be vacated, and a new sentencing hearing be held.
Nathan Floyd v. State of Florida, Case No. 2D15-5073
Background: Mr. Floyd was sentenced to 20 years imprisonment for Sexual Battery with a Weapon when attorney Chase took over his collateral appeal from the denial of his Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief based, in part, upon Newly Discovered Evidence. Attorney Chase argued that the trial court erred by denying Mr. Floyd's motion, as the Newly Discovered Evidence would likely result in an acquittal on retrial.
Appelate result: As a result of attorney Chase's argument on appeal, the Second District Court of Appeal reversed the order denying Mr. Floyd's motion, and remanded his case for an evidentiary hearing on his claim.
David Rice v. State of Florida, Case No. 5D15-2966
Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Rice, arguing that Mr. Rice was entitled to have his Judgment and Sentence for the offense of aggravated battery, for which Mr. Rice received a 15 year sentence as a Prison Releasee Reoffender (PRR), vacated, as his trial counsel was ineffective for failing to request a jury instruction on the justifiable use of deadly force during his trial. The trial court denied the motion, and attorney Chase appealed to the Fifth District Court of Appeal.
Appelate result: As a result of attorney Chase's argument on appeal, the Fifth District Court of Appeal reversed the order denying Mr. Rice's Motion for Post-Conviction Relief, and remanded his case for an evidentiary hearing.
Jimmie Gardner v. State of Florida, Case No. 1D16-1357
Background: Mr. Gardner was sentenced to 45 years imprisonment for second degree murder when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for misadvising him concerning a state offered plea agreement. The trial court summarily denied Mr. Gardner's motion, and attorney Chase appealed on Mr. Gardner's behalf.
Appelate result: As a result of attorney Chase's argument, the First District Court of Appeal reversed the order denying Mr. Gardner's motion and remanded his case for an evidentiary hearing.
Robert Loudermilk v. State of Florida, Case No. 4D12-1059
Background: Mr. Loudermilk was sentenced to life imprisonment for Sexual Battery, Lewd and Lascivious Molestation, and Lewd and Lascivious Conduct, when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for advising him not to testify in his own defense at trial. The trial court denied Mr. Loudermilk's motion without an evidentiary hearing. Attorney Chase then appealed on Mr. Loudermilk's behalf.
Appelate result: As a result of attorney Chase's argument on appeal, the Fourth District Court of Appeal reversed the order denying Mr. Loudermilk's motion, and remanded his case for an evidentiary hearing.
Larry Boyers v. State of Florida, Case No. 2D12-1027
Background: Mr. Boyers was sentenced to 20 years imprisonment for the attempted second degree murder of a law enforcement officer when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for misadvising him concerning a state offered plea agreement. The trial court summarily denied Mr. Boyers' motion, and attorney Chase appealed on Mr. Boyers' behalf.
Appelate result: As a result of attorney Chase's argument, the Second District Court of Appeal reversed the order denying Mr. Boyers' motion and remanded his case for further proceedings.
Clevon Ghent v. State of Florida, Case No. 2D13-2125
Background: Mr. Ghent was sentenced to 30 years imprisonment for sexual battery when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for failing to file a motion to suppress his confession. The trial court summarily denied Mr. Ghent's motion, and attorney Chase appealed on Mr. Ghent's behalf.
Appelate result: As a result of attorney Chase's argument, the Second District Court of Appeal reversed the order denying Mr. Ghent's motion and remanded his case for further proceedings.
Derrick Allen v. State of Florida, Case No. 3D18-2375
Background: Mr. Allen received a 3 year mandatory minimum sentence under § 775.087, Fla. Stat. for personally possessing a firearm during a kidnapping, robbery, and carjacking, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing his 3 year mandatory minimum sentence under § 775.087, Fla. Stat. was illegal as the Information alleged Mr. Allen committed the offenses with a co-defendant, and the jury did not specifically find that Mr. Allen personally possessed a firearm during the commission of the offenses.
Appelate result: The Third District Court of Appeal agreed, and vacated Mr. Allen's 3 year mandatory minimum sentence under § 775.087, Fla. Stat. for personally possessing a firearm during a kidnapping, robbery, and carjacking.
Collateral Proceedings
James Buhs v. Secretary, Florida Department of Corrections, Case No. 18-10801
Background: Mr. Buhs was serving a 25 year sentence for trafficking in morphine when attorney Chase filed a Petition for Writ of Habeas Corpus under 28 U.S.C. Section 2254 on his behalf arguing that his trial counsel performed ineffectively by failing to advise him of a prescription defense available to him.
Result: The United States District Court for the Southern District of Florida agreed, and directed the state court to vacate Mr. Buhs’s trafficking in morphine Judgment and Sentence.
State of Florida v. Roberto Denizard, Case No. 07-CF-14659 (Hillsborough County)
Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Denizard, arguing that Mr. Denizard was entitled to have his 40 year sentence for robbery with a firearm and various other offenses vacated, as his trial counsel was ineffective for advising him to reject a favorable plea offer.
Result: Following an evidentiary hearing, the court vacated Mr. Denizard's 40 year sentence and reduced his sentence to 15 years.
State of Florida v. Joseph Gammaro, Case No. 98-CF-01948 (Palm Beach County)
Background: Attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence on behalf of Mr. Gammaro arguing that Mr. Gammaro's sentence of 38.6 years imprisonment for burglary of a dwelling following a violation of probation (VOP) was illegal because Mr. Gammaro was originally sentenced to a true split sentence requiring the imposition of a sentence of 12 years.
Result: The court granted the Motion and reduced Mr. Gammaro's sentence from 38.6 years to 12 years.
State of Florida v. David Rice, Case No. 11-CF-27675 (Brevard County)
Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Rice, arguing that Mr. Rice was entitled to have his Judgment and Sentence for the offense of aggravated battery, for which Mr. Rice received a 15 year sentence as a Prison Releasee Reoffender (PRR), vacated, as his trial counsel was ineffective for failing to request a jury instruction on the justifiable use of deadly force during his trial.
Result: Following an evidentiary hearing, the court vacated Mr. Rice's Judgment and Sentenced, and ordered a new trial.
Louis LaRocca v. State of Florida, Case No. 2D19-3028
Background: Mr. LaRocca was serving a 20 year sentence for armed burglary when attorney Chase filed a Fla. R. App. P. 9.141 Petition Alleging Ineffective Assistance of Appellate Counsel in which attorney Chase argued Mr. LaRocca’s appellate counsel performed ineffectively by failing to argue the trial court erred when it denied a Motion to Withdraw Plea filed by Mr. LaRocca.
Result: The Second District Court of Appeal agreed, and remanded Mr. LaRocca's case with instructions to appoint counsel for a new hearing on his motion to withdraw plea.
State of Florida v. Willie Miles, Case No. 04-CF-002576 (Lee County)
Background: Mr. Miles was serving a 25 year mandatory minimum sentence under the 10/20/Life Statute for the offense of Aggravated Battery with a Firearm when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that the mandatory minimum sentence was illegal because it was not orally pronounced during Mr. Miles’s sentencing.
Result: The court granted the motion and ordered a new sentencing hearing.
Reuben Alexis v. State of Florida, Case No. 1D12-5824
Background: Attorney Chase filed a Petition for Writ of Habeas Corpus alleging ineffective assistance of appellate counsel on behalf of Mr. Alexis in the First District Court of Appeal.
Result: The First District Court of Appeal agreed with attorney Chase's argument that Mr. Alexis had been deprived of his right to the effective assistance of appellate counsel, granted the Petition, and ordered that Mr. Alexis be granted a new appeal.
State of Florida v. Labronx Bailey, Case No. 08-CF-11717 (Hillsborough County)
Background: Mr. Bailey was serving a life sentence for felony murder when attorney Chase, as part of a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief, argued that Mr. Bailey's mandatory life sentence violated the Eighth Amendment.
Result: The court agreed with attorney Chase's argument, vacated Mr. Bailey's life sentence, and ordered a new sentencing hearing.
Denier Valentin v. State of Florida, Case No. 2010-CF-01568 (Volusia County)
Background: Mr. Valentin was serving a 45 year sentence for attempted felony murder when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on his behalf arguing he was entitled to a new sentencing hearing because his scoresheet was incorrectly calculated and the sentencing court had failed to take into consideration the mitigating factors of Mr. Vaelntin’s youth while imposing sentence upon him.
Result: The Circuit Court agreed with attorney Chase, and ordered a new sentencing hearing.
State of Florida v. John Buskager, Case No. 2012-CF-02466 (Clay County)
Background: Mr. Buskager was sentenced to 30 years imprisonment for robbery, when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief arguing Mr. Buskager's sentence was illegal because robbery without the use of a firearm or weapon is punishable by only 15 years imprisonment.
Result: The Court agreed and reduced Mr. Buskager’s sentence by 15 years.
State of Florida v. Fredrick Byron, Case No. 15-CF-11295 (Pinellas County)
Background: Mr. Byron’s sentencing judge orally pronounced that, in accordance with his plea agreement, Mr. Byron was to be sentenced to fifteen (15) years imprisonment imposed consecutively to Count I in Pinellas County Case No. 14-14478-CF but concurrent with Count II in Pinellas County Case No. 14-14478-CF, however, his Judgment and Sentence did not reflect that his sentence of fifteen (15) years imprisonment was to be imposed concurrently with Count II in Pinellas County Case No. 14-14478-CF, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing his sentence was illegal as it did not properly reflect the plea agreement or the sentencing judge’s oral pronouncement.
Result: The Court agreed and Mr. Byron’s Judgment and Sentence were amended to reflect that his sentence of fifteen (15) years imprisonment was imposed consecutively to Count I in Pinellas County Case No. 14-14478-CF but concurrent with Count II in Pinellas County Case No. 14-14478-CF thereby reducing Mr. Byron’s sentence by fifteen (15) years imprisonment.
Charles Causey v. State of Florida, Case No. 5D18-3486
Background: The time had lapsed for Mr. Causey to appeal his Judgment and Sentence, when attorney Chase filed a Fla. R. App. P. 9.141 Petition for Belated Appeal arguing that Mr. Causey was entitled to a belated appeal as his trial counsel failed to file a notice of appeal after Mr. Causey requested she do so.
Result: The Fifth District Court of Appeal granted the petition for belated appeal, and Mr. Causey's direct appeal was reinstated.
State of Florida v. Anthony Akin, Case No. CF13-01150 (St. John’s County)
Background: Mr. Akin was convicted of felon in possession of a firearm and sentenced to 7 years imprisonment with a 3 year mandatory minimum sentence under § 775.087, Fla. Stat., when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief arguing Mr. Akin's 3 years mandatory minimum sentence under § 775.087, Fla. Stat. was illegal as Mr. Akin's Information did not charge him with being in "actual possession" of a firearm.
Result: The Court agreed and vacated Mr. Akin's 3 years mandatory minimum sentence under § 775.087, Fla. Stat.
State of Florida v. Sanswon East, Case No. 15-CF-1817 (Seminole County)
Background: Mr. East was sentenced to a term of fifteen (15) years imprisonment, with no gain-time permitted, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing Mr. East was entitled to gain-time.
Result: The Court agreed, and Mr. East’s Judgment and Sentence were amended to reflect he is entitled to accrue gain-time.
State of Florida v. Sanswon East, Case No. 15-CF-5692 (Orange County)
Background: Mr. East’s sentencing judge orally pronounced his sentences for Count I and II were to be run concurrently with any active sentence, however, the written Judgment and Sentence reflected only Count I was to be run concurrently with any active sentence, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that as the Court intended Mr. East’s sentences in Count I and II to be run concurrent with any active sentence Mr. East’s written Judgment and Sentence was illegal as it did not specify that Count II is to be run concurrent with any active sentence.
Result: The Court agreed and Mr. East’s Judgment and Sentence was amended to reflect that both Count I and Count II are to be run concurrent with any active sentence.
State of Florida v. Jason Calhoun, Case No. 03-CF-7419 (Orange County)
Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Calhoun arguing that Mr. Calhoun was entitled to have his 6 year sentence vacated, and to a new sentencing hearing because his sentencing scoresheet was improperly calculated.
Result: The trial court agreed with attorney Chase's argument, granted the Motion, vacated Mr. Calhoun's sentence, and ordered a new sentencing hearing.
State of Florida v. Ulyses Guardiola, Case No. 03-CF-9684 (Hillsborough County)
Background: Attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence on behalf of Mr. Guardiola arguing that Mr. Guardiola's sentence for Violation of a Domestic Violence Injunction, Battery on a Law Enforcement Officer, and two counts of Battery, was illegal because the trial court failed to properly specify the credit for time served Mr. Guardiola was entitled to in its sentencing order.
Result: The court agreed with attorney Chase's argument, granted the Motion, and amended Mr. Guardiola's Judgment and Sentence to reflect the credit for time served he was specifically entitled to.
State of Florida v. Reuben Alexis, Case No. 10-CF-1046 (Orange County)
Background: Mr. Alexis was serving a 5 year sentence for possession of a firearm by a convicted felon in his Orange County case, consecutive to a 3 year sentence he received in Leon County for the charge of aggravated assault with a firearm, for a total term of 8 years imprisonment, when attorney Chase filed a Fla. R. Crim. P. 3.800(c) Motion to Modify or Reduce Sentence on Mr. Alexis's behalf, arguing that Mr. Alexis's sentences should be ordered to run concurrently.
Result: The trial court agreed with attorney Chase's argument, granted the Motion and ordered Mr. Alexis's 5 year sentence to run concurrent with his 3 year sentence, thereby reducing Mr. Alexis's total term of imprisonment from 8 years to 5 years.
State of Florida v. Corrie Barnes, Case No. 02-CF-02198 (Okaloosa County)
Background: Mr. Barnes stood convicted of two counts of attempted first degree murder when attorney Chase filed a Fla. R. Crim. P.3.800(a) Motion to Correct Illegal Sentence arguing that his dual convictions violated his double jeopardy rights.
Result: The court granted the motion and vacated one of Mr. Barnes’s attempted first degree murder convictions.
Walter Crawford v. State of Florida, Case No. 5D19-1763
Background: The time had lapsed for Mr. Crawford to appeal his Judgment and Sentence when attorney Chase filed a Fla. R. App. P. 9.141 Petition for Belated Appeal arguing that Mr. Crawford was entitled to a belated appeal as trial counsel failed to file a timely notice of appeal.
Result: The Fifth District Court of Appeal granted the petition and permitted Mr. Crawford to appeal his Judgment and Sentence.
State of Florida v. Larry Jenkins, Case No. CRC05-12428 (Pinellas County)
Background: Mr. Jenkins received concurrent sentences of 30 years imprisonment for 6 counts of attempted armed robbery when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing his sentences were illegal because attempted armed robbery is a second degree felony that cannot be reclassified under § 775.087, Fla. Stat.
Result: The Court vacated the 30 year sentences, and resentenced Mr. Jenkins to time served for his attempted armed robbery convictions.
State of Florida v. Cortez Johnson, Case No. 2013-CF-6267 (Escambia County)
Background: Mr. Johnson was sentenced to three mandatory minimum sentences under § 893.13(1)(c)(1), Fla. Stat. when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that his mandatory minimum sentences were illegal as his offenses did not qualify for a mandatory minimum sentence under the statute, and were not orally pronounced at sentencing.
Result: The Court agreed, and Mr. Johnson’s mandatory minimum sentences were removed, and a new sentencing hearing was ordered.
State of Florida v. Brandon Zick, Case No. 17-CF-000168 (Okaloosa County)
Background: Mr. Zick entered a plea of nolo contendere and was sentenced to 15 years imprisonment followed by 15 years of probation when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief arguing that trial counsel performed ineffectively by failing to convey a plea offer of 13.5 years imprisonment to Mr. Zick.
Result: The State, attorney Chase, and Mr. Zick reached an agreement, and Mr. Zick’s sentence was reduced to 13.5 years imprisonment followed by 5 years of probation.
State of Florida v. Desmond Murray, Case No. 07-CF-02700 (Pinellas County)
Background: Mr. Murray was serving a sentence which called for him to receive jail credit, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that his sentence was illegal, as under the Court’s oral pronouncement of sentence Mr. Murray was entitled to additional credit for time served.
Result: The Court agreed and Mr. Murray was awarded additional jail credit.
State of Florida v. Charles Causey, Case No. 15-CF-1345-A-X (Marion County)
Background: Mr. Causey was sentenced to sex offender probation with special conditions of probation when attorney Chase filed a Fla. R. Crim. P. 3.800(b) Motion to Correct Sentencing Error arguing that because the Court failed to orally pronounce substantively objectionable special conditions of probation the special conditions must be stricken.
Result: The Court agreed, and the special conditions were stricken from Mr. Causey's probation.