No. 24-5891

Kimberly Cannon v. Florida

Lower Court: Florida
Docketed: 2024-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fundamental-error judicial-discretion probation-violation sentencing-discretion
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Whether a trial court commits fundamental error by considering a subsequent offense without arrest or conviction when sentencing a probation violation from two years prior, and whether such sentencing based on the 'entire depth of her criminality' constitutes an unreasonable application of law

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Is it fundamental error for a trial court to consider a subsequent offence without arrest or conviction is fashioning a sentence for a violation of probation which had been violated two (2) years prior? II. Is it an unreasonable application of law where a trial court imposes a sentence on a defendant for the “entire depth of her criminality” and not the actual violation of probation?

Docket Entries

2024-12-09
Petition DENIED.
2024-11-14
DISTRIBUTED for Conference of 12/6/2024.
2024-11-12
Waiver of State of Florida of right to respond submitted.
2024-11-12
Waiver of right of respondent State of Florida to respond filed.
2024-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2024)

Attorneys

Kimberly Cannon
Kimberly Cannon — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General - Appeals, Respondent