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State of Florida v. Roberto Torres
Date: 03-07-2025
Case Number: 2018-CF-057890
Judge: Stephen George
Court: Circuit Court, Brevard County, Florida
Plaintiff's Attorney: Brevard County, Florida District Attorney's Office
Defendant's Attorney:
Click Here For The Best Melbourne Criminal Defense Lawyer Directory
Click Here For The Best Melbourne Criminal Defense Lawyer Directory
Description:
Melbourne, Florida criminal defense lawyer represented the Defendant charged with being a habitual felony offender.
Roberto Torres appealed the trial court's order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Torres argues that his designation and sentence as a habitual felony offender (HFO) is unconstitutional based on Erlinger v. United States, 602 U.S. 821 (2024). Specifically, Torres contends that a jury, and not a judge, must make the findings necessary for an HFO sentence.
Legal issue Must a jury, rather than a judge, make the findings necessary for imposing a habitual felony offender sentence under the Sixth Amendment?
Key Phrases Habitual felony offender. Illegal sentence. Constitutional error. Harmless error. Unanimous jury.
Kent Morlan, Esq.
Roberto Torres appealed the trial court's order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Torres argues that his designation and sentence as a habitual felony offender (HFO) is unconstitutional based on Erlinger v. United States, 602 U.S. 821 (2024). Specifically, Torres contends that a jury, and not a judge, must make the findings necessary for an HFO sentence.
Legal issue Must a jury, rather than a judge, make the findings necessary for imposing a habitual felony offender sentence under the Sixth Amendment?
Key Phrases Habitual felony offender. Illegal sentence. Constitutional error. Harmless error. Unanimous jury.
MoreLaw
was created to help people find the right lawyers to represent them based on the performance history of trial lawyers in every county of the United States. Click the link above to see a list of the lawyers that MoreLaw has identified who practice law where this case was litigated.Kent Morlan, Esq.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Florida v. Roberto Torres?
The outcome was: Affirmed
Which court heard State of Florida v. Roberto Torres?
This case was heard in Circuit Court, Brevard County, Florida, FL. The presiding judge was Stephen George.
Who were the attorneys in State of Florida v. Roberto Torres?
Plaintiff's attorney: Brevard County, Florida District Attorney's Office. Defendant's attorney: Click Here For The Best Melbourne Criminal Defense Lawyer Directory.
When was State of Florida v. Roberto Torres decided?
This case was decided on March 7, 2025.