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 (from Petition)

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?

II. 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?

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

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
Florida
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent