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 (from Petition)

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?

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?

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

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