No. 24-5998

Carlos Tonyo Cabrera v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2024-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process hearsay-evidence judicial-error prior-convictions procedural-due-process sentencing-scoresheet
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a court violated a petitioner's due process rights by imposing life sentences based on an erroneous scoresheet using unsubstantiated prior convictions and refusing to resolve an illegal sentence claim

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER A COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER’S DUE PROCESS RIGHT WHEN IT IMPOSED LIFE SENTENCES BASED ON AN ERRONEOUS SCORESHEET THAT INCLUDED PRIOR RECORD POINTS SUBSTANTIATED SOLELY BY A PROSECUTOR’S ORAL HEARSAY PROFFER OF PRIOR CONVICTIONS, THAT DID NOT EXIST AS A MATTER OF LAW BECAUSE THEY HAD BEEN VACATED AND REPLACED WITH BLANK JUDGMENTS LACKING ANY INFORMATION AS TO THE OFFENSES OF CONVICTION? . Il. WHETHER A STATE COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER’S PROCEDURAL DUE PROCESS BY REFUSING TO RESOLVE A PROPERLY RAISED FACIALLY SUFFICIENT CLAIM ALLEGING AN ILLEGAL SENTENCE THAT IS EVIDENT FROM THE FACE OF THE RECORD? . 2 .

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-12
Waiver of right of respondent Florida to respond filed.
2024-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2024)

Attorneys

Carlos T. Cabrera
Carlos Tonyo Cabrera — Petitioner
Carlos Tonyo Cabrera — Petitioner
Florida
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent