Case Results

What is a Direct Appeal?

Upon the entry of a Final Judgment and Sentence against a criminal defendant, the criminal defendant has the right to take a direct appeal.

A direct appeal is heard by a higher court than the court who entered the defendant's Judgment and Sentence. On appeal, a criminal defendant can argue that there were legal errors made in his case which require that his Judgment and/or Sentence be reversed. It is important that a criminal defendant raise all viable claims of error cognizable on direct appeal, in his appeal, as many issues are considered waived if they are not argued on direct appeal.

What are Collateral Proceedings?

The term collateral proceedings is a broad term. Some claims that can be brought through collateral proceedings are claims of ineffective assistance of counsel, newly discovered evidence, and that a sentence is illegal. Common collateral filings include a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief (also commonly referred to as a Motion for Postconviction Relief, 3.850 motion, or 3850 motion), a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence (also referred to as a 3.800 Motion or 3800 Motion), a Motion based upon Newly Discovered Evidence, and a Petition for Writ of Habeas Corpus.

What are case results the attorneys of Chase Law Florida have achieved in the past?

The following are case results obtained by attorneys Dane Chase and Brett Chase. However, all cases are different, and the following results are case specific.

Direct Appeals

Nathan Floyd v. State of Florida, Case No. 2D14-2596

Background: Mr. Floyd was serving a life sentence for Sexual Battery with a Weapon when attorney Chase took over his appeal and argued that the sentence imposed upon him was vindictive.

Result: The Court agreed, reversed Mr. Floyd's life sentence, and remanded his case for a new sentencing hearing.

United States of America v. Pedro Rodriguez, Case No. 12-12257

Background: Mr. Rodriguez was serving a life sentence for conspiracy to possess with intent to distribute five (5) kilograms or more of cocaine, conspiracy to launder money, and other charges, when attorney Dane Chase took over his case and argued that Mr. Rodriguez's mandatory life sentence must be reversed because Mr. Rodriguez did not have the prior convictions required to support the imposition of a mandatory minimum life sentence upon him.

Appellate Result: The 11th Circuit Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Rodriguez's life sentence, and remanded his case for a new sentencing hearing.

Gary Mays v. State of Florida, Case No. 2D13-273

Background: Mr. Mays was serving a 20 year sentence for Witness Tampering concurrent with two 5 year sentences for principal to perjury when attorney Chase took over his appeal and argued that his Witness Tampering and Principal to Perjury charges, which concerned the same witness, violated his double jeopardy rights.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase's argument, and vacated Mr. Mays's Witness Tampering charge, thus reducing Mr. Mays's total term of imprisonment from 20 years to 5 years.

Lisa Christopolus v. State of Florida, Case No. SC15-2137

Background: Ms. Christopolus was serving two consecutive sentences of 20 years imprisonment on two separate convictions for aggravated assault on a law enforcement officer with discharge of a firearm under Florida's 10/20/Life statute for a total term of imprisonment of 40 years, when attorney Chase took over her appeal and argued that the trial court erred by finding it was required to impose her sentences consecutively under the 10/20/Life statute.

Background: The Florida Supreme Court agreed with attorney Chase's argument, and ordered that Ms. Christopolus's sentences be vacated, and that a new sentencing hearing be held.

Marcus Burson v. State of Florida, Case No. 2D11-5823

Background: Mr. Burson was convicted of Trafficking in Oxycodone when attorney Chase took over his appeal and argued that Mr. Burson was entitled to a new trial because the jury was improperly instructed on theories of guilt not charged in the Information filed against Mr. Burson.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Burson's Judgment and Sentence, and remanded his case for a new trial.

Heidi Wunsche v. State of Florida, Case No. 2D10-3121

Background: Ms. Wunsche was convicted by a jury of child neglect with great bodily harm when attorney Chase took over her appeal and agrued that that the trial court committed fundamental error by instructing the jury that it could convict her based on an uncharged theory of guilt.

Appellate Result: The Second District court of Appeal agreed with attorney Chase's argument, and reversed Ms. Wunsche's Judgment and Sentence, and remanded her case for a new trial.

Robert Heckman v. State of Florida, Case No. 5D10-2162

Background: Mr. Heckman was found to be in violation of his probation and sentenced to 22 years imprisonment when attorney Chase took over his appeal, and argued that his violation of probation was not willful and substantial.

Appellate Result: The Fifth District Court of Appeal agreed with attorney Chase's argument, and reversed the order revoking Mr. Heckman's probation and corresponding 22 year sentence.

Collateral Appeals

Rashad Taylor v. State of Florida, Case No. 2D13-4487

Background: Mr. Taylor was serving a mandatory minimum life sentence for the charge of First Degree Murder when attorney Chase filed a collateral appeal arguing that his life sentence constituted cruel and unusual punishment prohibited by the Eighth Amendment.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Taylor's sentence and remanded his case for a new sentencing hearing.

Jovan Lamb v. State of Florida, Case No. 2D11-6111

Background: Mr. Lamb was serving a thirty-five (35) year sentence for charges of Armed False Imprisonment, Burglary of a Conveyance, Grand Theft, and Fleeing to Elude a Law Enforcement Officer when attorney Chase took over his collateral appeal, and argued that Mr. Lamb was deprived of his right to the effective assistance of counsel during his trial proceedings.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase's argument, and reversed and remanded Mr. Lamb's case for a new trial.

Patrick Ford v. State of Florida, Case No. 1D13-4107

Background: Mr. Ford was serving two life sentences for two charges of attempted first degree murder with a firearm, when attorney Chase took over his collateral appeal and argued that his convictions could not be enhanced from first degree felonies to life felonies because the jury specifically found that Mr. Ford did not possess a firearm during the commission of the offenses.

Appellate Result: The First District Court of Appeal agreed with attorney Chase's argument, and reversed Mr. Ford's life sentences and remanded his case for a new sentencing hearing.

Charles Southern v. State of Florida, Case No. SC14-91

Background: Mr. Southern was serving a life sentence for the offense of Second Degree Murder, when attorney Chase took over his representation and argued that his sentence constituted cruel and unusual punishment, as Mr. Southern was only 17 at the time of the offense.

Appellate Result: The Florida Supreme Court agreed with attorney Chase's argument, and ordered that Mr. Southern's sentence be vacated, and a new sentencing hearing be held.

Nathan Floyd v. State of Florida, Case No. 2D15-5073

Background: Mr. Floyd was sentenced to 20 years imprisonment for Sexual Battery with a Weapon when attorney Chase took over his collateral appeal from the denial of his Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief based, in part, upon Newly Discovered Evidence. Attorney Chase argued that the trial court erred by denying Mr. Floyd's motion, as the Newly Discovered Evidence would likely result in an acquittal on retrial.

Appellate Result: As a result of attorney Chase's argument on appeal, the Second District Court of Appeal reversed the order denying Mr. Floyd's motion, and remanded his case for an evidentiary hearing on his claim.

David Rice v. State of Florida, Case No. 5D15-2966

Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Rice, arguing that Mr. Rice was entitled to have his Judgment and Sentence for the offense of aggravated battery, for which Mr. Rice received a 15 year sentence as a Prison Releasee Reoffender (PRR), vacated, as his trial counsel was ineffective for failing to request a jury instruction on the justifiable use of deadly force during his trial. The trial court denied the motion, and attorney Chase appealed to the Fifth District Court of Appeal.

Appellate Result: As a result of attorney Chase's argument on appeal, the Fifth District Court of Appeal reversed the order denying Mr. Rice's Motion for Post-Conviction Relief, and remanded his case for an evidentiary hearing.

Jimmie Gardner v. State of Florida, Case No. 1D16-1357

Background: Mr. Gardner was sentenced to 45 years imprisonment for second degree murder when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for misadvising him concerning a state offered plea agreement. The trial court summarily denied Mr. Gardner's motion, and attorney Chase appealed on Mr. Gardner's behalf.

Appellate Result: As a result of attorney Chase's argument, the First District Court of Appeal reversed the order denying Mr. Gardner's motion and remanded his case for an evidentiary hearing.

Robert Loudermilk v. State of Florida, Case No. 4D12-1059

Background: Mr. Loudermilk was sentenced to life imprisonment for Sexual Battery, Lewd and Lascivious Molestation, and Lewd and Lascivious Conduct, when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for advising him not to testify in his own defense at trial. The trial court denied Mr. Loudermilk's motion without an evidentiary hearing. Attorney Chase then appealed on Mr. Loudermilk's behalf.

Appellate Result: As a result of attorney Chase's argument on appeal, the Fourth District Court of Appeal reversed the order denying Mr. Loudermilk's motion, and remanded his case for an evidentiary hearing.

Larry Boyers v. State of Florida, Case No. 2D12-1027

Background: Mr. Boyers was sentenced to 20 years imprisonment for the attempted second degree murder of a law enforcement officer when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for misadvising him concerning a state offered plea agreement. The trial court summarily denied Mr. Boyers' motion, and attorney Chase appealed on Mr. Boyers' behalf.

Appellate Result: As a result of attorney Chase's argument, the Second District Court of Appeal reversed the order denying Mr. Boyers' motion and remanded his case for further proceedings.

Clevon Ghent v. State of Florida, Case No. 2D13-2125

Background: Mr. Ghent was sentenced to 30 years imprisonment for sexual battery when he filed a Motion for Post-Conviction Relief alleging his trial counsel was ineffective for failing to file a motion to suppress his confession. The trial court summarily denied Mr. Ghent's motion, and attorney Chase appealed on Mr. Ghent's behalf.

Appellate Result: As a result of attorney Chase's argument, the Second District Court of Appeal reversed the order denying Mr. Ghent's motion and remanded his case for further proceedings.

Collateral Proceedings

State of Florida v. Roberto Denizard, Case No. 07-CF-14659 (Hillsborough County)

Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Denizard, arguing that Mr. Denizard was entitled to have his 40 year sentence for robbery with a firearm and various other offenses vacated, as his trial counsel was ineffective for advising him to reject a favorable plea offer.

Result: Following an evidentiary hearing, the court vacated Mr. Denizard's 40 year sentence and reduced his sentence to 15 years.

State of Florida v. Joseph Gammaro, Case No. 98-CF-01948 (Palm Beach County)

Background: Attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence on behalf of Mr. Gammaro arguing that Mr. Gammaro's sentence of 38.6 years imprisonment for burglary of a dwelling following a violation of probation (VOP) was illegal because Mr. Gammaro was originally sentenced to a true split sentence requiring the imposition of a sentence of 12 years.

Result: The court granted the Motion and reduced Mr. Gammaro's sentence from 38.6 years to 12 years.

State of Florida v. David Rice, Case No. 11-CF-27675 (Brevard County)

Result: Following an evidentiary hearing, the court vacated Mr. Rice's Judgment and Sentenced, and ordered a new trial.

Reuben Alexis v. State of Florida, Case No. 1D12-5824

Background: Attorney Chase filed a Petition for Writ of Habeas Corpus alleging ineffective assistance of appellate counsel on behalf of Mr. Alexis in the First District Court of Appeal.

Result: The First District Court of Appeal agreed with attorney Chase's argument that Mr. Alexis had been deprived of his right to the effective assistance of appellate counsel, granted the Petition, and ordered that Mr. Alexis be granted a new appeal.

State of Florida v. Labronx Bailey, Case No. 08-CF-11717 (Hillsborough County)

Background: Mr. Bailey was serving a life sentence for felony murder when attorney Chase, as part of a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief, argued that Mr. Bailey's mandatory life sentence violated the Eighth Amendment.

Result: The court agreed with attorney Chase's argument, vacated Mr. Bailey's life sentence, and ordered a new sentencing hearing.

State of Florida v. Jason Calhoun, Case No. 03-CF-7419 (Orange County)

Background: Attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on behalf of Mr. Calhoun arguing that Mr. Calhoun was entitled to have his 6 year sentence vacated, and to a new sentencing hearing because his sentencing scoresheet was improperly calculated.

Result: The trial court agreed with attorney Chase's argument, granted the Motion, vacated Mr. Calhoun's sentence, and ordered a new sentencing hearing.

State of Florida v. Ulyses Guardiola, Case No. 03-CF-9684 (Hillsborough County)

Background: Attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence on behalf of Mr. Guardiola arguing that Mr. Guardiola's sentence for Violation of a Domestic Violence Injunction, Battery on a Law Enforcement Officer, and two counts of Battery, was illegal because the trial court failed to properly specify the credit for time served Mr. Guardiola was entitled to in its sentencing order.

Result: The court agreed with attorney Chase's argument, granted the Motion, and amended Mr. Guardiola's Judgment and Sentence to reflect the credit for time served he was specifically entitled to.

State of Florida v. Reuben Alexis, Case No. 10-CF-1046 (Orange County)

Background: Mr. Alexis was serving a 5 year sentence for possession of a firearm by a convicted felon in his Orange County case, consecutive to a 3 year sentence he received in Leon County for the charge of aggravated assault with a firearm, for a total term of 8 years imprisonment, when attorney Chase filed a Fla. R. Crim. P. 3.800(c) Motion to Modify or Reduce Sentence on Mr. Alexis's behalf, arguing that Mr. Alexis's sentences should be ordered to run concurrently.

Result: The trial court agreed with attorney Chase's argument, granted the Motion and ordered Mr. Alexis's 5 year sentence to run concurrent with his 3 year sentence, thereby reducing Mr. Alexis's total term of imprisonment from 8 years to 5 years.