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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

August 19, 2013 - Sentencing Correction Motion Granted and Scheduled For Resentencing

August 19, 2013, State Circuit Court Judge Tatiana Salvador granted, in part, a sentencing correction motion filed by Mr. Kent for his client, Frederick Wade, and set Mr. Wade for de novo resentencing at a date to be later determined.  Mr. Wade was convicted after trial of murder which had as an element his alleged actual use and discharge of a firearm resulting in the death of the victim.  Under Florida's 10-20-Life statute, this triggered a minimum mandatory sentence.  Mr. Wade, who was just 20 years old at the time of the alleged offense, was sentenced to mandatory life imprisonment.  Mr. Kent argued in his sentencing correction motion that the original sentencing judge (not Judge Salvador), had been mistakenly advised by the State at sentencing that the Court was required to impose mandatory life imprisonment.  Mr. Kent argued, and Judge Salvador agreed, that the statute only required a 25 year minimum mandatory sentence.  For a copy of the order click here.

Ryan McFarland