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

Francis Wong v. State of Florida, Case No. SC15-2192

Background: Mr. Wong was serving a life sentence for lewd and lascivious molestation, when attorney Chase took over his appeal and argued that the trial court erred by declining to give a jury instruction on a lesser included offense as requested by defense counsel.

Appellate Result: The Florida Supreme Court agreed, reversed Mr. Wong’s Judgment and Sentence, and remanded his case for a new trial.

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.

Appellate 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.

Jose Baez-Ortiz v. State of Florida, Case No. 2D19-0379

Background: Mr. Baez-Ortiz was convicted of lewd or lascivious conduct on a child by a person 18 years old or older and sentenced to 15 years imprisonment when attorney Chase took over his appeal and argued that evidence introduced by the state during trial should have been excluded.

Appellate Result: The Second District Court of Appeal agreed, and reversed and remanded Mr. Baez-Ortiz's case for a new trial.

Timothy Dobbins v. State of Florida, Case No.2D18-0401

Background: Mr. Dobbins was convicted of burglary of a structure causing damage greater than $1,000,and sentenced to 15 years imprisonment when attorney Chase took over his appeal and argued that the evidence was legally insufficient to prove Mr. Dobbins’s guilt.

Appellate Result: The Second District Court of Appeal agreed, vacated his Judgment and Sentence, and ordered his immediate discharge from custody.

Kevin Zetrouer v. State of Florida, Case No. 2D21-1693

Background: Mr. Zetrouer was convicted of possession of marijuana when attorney Chase took over his appeal and argued he was entitled to a judgment of acquittal, as the state failed to introduce evidence of the marijuana he allegedly possessed.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase, and reversed Mr. Zetrouer’s Judgment and Sentence for possession of marijuana.

Anthony Lamberson v. State of Florida, Case No. 2D21-1557

Background: Mr. Lamberson was sentenced to 5 years imprisonment for a third degree felony when attorney Chase took over his appeal and argued that Mr. Lamberson was entitled to have his sentence reversed and his case remanded for the entry of a nonprison sentence based upon his scoresheet and the trial court’s lack of findings.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase, reversed Mr. Lamberson’s sentence, and remanded his case for the entry of a nonprison sentence.

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.

Appellate Result: 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

James Buhs v. Secretary, Florida Department of Corrections, Case No. 18-10801

Background: The United States District Court for the Southern District of Florida denied Mr. Buhs’s Petition filed under 28 U.S.C. Section 2254 deferring to the state court’s resolution of Mr. Buhs’s claims and he appealed to the Eleventh Circuit Court of Appeals. Attorney Chase argued the state court had unreasonably determined the facts of Mr. Buhs’s case, that deference was therefore inappropriate, and reversal was required.

Appellate Result: The 11th Circuit Court of Appeal agreed with attorney Chase’s argument, reversed the order denying relief, and remanded the case for further proceedings.

United States of America v. David Bullock, Case No. 20-10469

Background: Mr. Bullock filed a Motion for First Step Act Relief, and the district court denied the motion finding he was he was held accountable for 166.75 grams of crack cocaine during sentencing, thus rendering him ineligible for relief. Attorney Dane Chase argued Mr. Bullock was only accountable for the 25 grams of crack cocaine set forth in this plea agreement and thus eligible for relief.

Appellate result: The 11th Circuit Court of Appeal agreed with attorney Chase’s argument, reversed the order denying relief, and remanded the case for reconsideration of Mr. Bullock’s Motion.

Willie Barnes v. State of Florida, Case No. 1D18-41

Background: Mr. Barnes was serving a life sentence for the offense of First Degree Murder when attorney Chase took over his collateral appeal and argued he was entitled to the reinstatement of a trial court order which had granted him a new sentencing hearing.

Appellate Result: The First District Court of Appeal agreed with attorney Chase’s argument, quashed the order on appeal and remanded the case for a new sentencing hearing where a lawful sentence was to be imposed.

Caleb Fernandez v. State of Florida, Case No. 2D22-1039

Background: Mr. Fernandez had been denied relief on his Fla. R .Crim. P. 3.850 Motion for Post-Conviction Relief when attorney Chase took over his appeal and argued he was entitled to reversal on two grounds as the circuit court had failed to adequately explain its basis for denial.

Appellate Result: The Second District Court of Appeal agreed with attorney Chase, reversed the circuit court’s order and remanded the case for further proceedings.

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

James Buhs v. Secretary, Florida Department of Corrections, Case No. 18-10801

Background: Mr. Buhs was serving a 25 year sentence for trafficking in morphine when attorney Chase filed a Petition for Writ of Habeas Corpus under 28 U.S.C. Section 2254 on his behalf arguing that his trial counsel performed ineffectively by failing to advise him of a prescription defense available to him.

Result: The United States District Court for the Southern District of Florida agreed, and directed the state court to vacate Mr. Buhs’s trafficking in morphine Judgment and Sentence.

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.

Louis LaRocca v. State of Florida, Case No. 2D19-3028

Background: Mr. LaRocca was serving a 20 year sentence for armed burglary when attorney Chase filed a Fla. R. App. P. 9.141 Petition Alleging Ineffective Assistance of Appellate Counsel in which attorney Chase argued Mr. LaRocca’s appellate counsel performed ineffectively by failing to argue the trial court erred when it denied a Motion to Withdraw Plea filed by Mr. LaRocca.

Result: The Second District Court of Appeal agreed, and remanded Mr. LaRocca's case with instructions to appoint counsel for a new hearing on his motion to withdraw plea.

State of Florida v. Willie Miles, Case No. 04-CF-002576 (Lee County)

Background: Mr. Miles was serving a 25 year mandatory minimum sentence under the 10/20/Life Statute for the offense of Aggravated Battery with a Firearm when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that the mandatory minimum sentence was illegal because it was not orally pronounced during Mr. Miles’s sentencing.

Result: The court granted the motion and ordered a new sentencing hearing.

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.

Denier Valentin v. State of Florida, Case No. 2010-CF-01568 (Volusia County)

Background: Mr. Valentin was serving a 45 year sentence for attempted felony murder when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief on his behalf arguing he was entitled to a new sentencing hearing because his scoresheet was incorrectly calculated and the sentencing court had failed to take into consideration the mitigating factors of Mr. Vaelntin’s youth while imposing sentence upon him.

Result: The Circuit Court agreed with attorney Chase, 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.

State of Florida v. Corrie Barnes, Case No. 02-CF-02198 (Okaloosa County)

Background: Mr. Barnes stood convicted of two counts of attempted first degree murder when attorney Chase filed a Fla. R. Crim. P.3.800(a) Motion to Correct Illegal Sentence arguing that his dual convictions violated his double jeopardy rights.

Result: The court granted the motion and vacated one of Mr. Barnes’s attempted first degree murder convictions.

Walter Crawford v. State of Florida, Case No. 5D19-1763

Background: The time had lapsed for Mr. Crawford to appeal his Judgment and Sentence when attorney Chase filed a Fla. R. App. P. 9.141 Petition for Belated Appeal arguing that Mr. Crawford was entitled to a belated appeal as trial counsel failed to file a timely notice of appeal.

Result: The Fifth District Court of Appeal granted the petition and permitted Mr. Crawford to appeal his Judgment and Sentence.

State of Florida v. Larry Jenkins, Case No.CRC05-12428 (Pinellas County)

Background: Mr. Jenkins received concurrent sentences of 30 years imprisonment for 6 counts of attempted armed robbery when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing his sentences were illegal because attempted armed robbery is a second degree felony that cannot be reclassified under § 775.087, Fla. Stat.

State of Florida v. Cortez Johnson, Case No. 2013-CF-6267 (Escambia County)

Result: The Court vacated the 30 year sentences, and resentenced Mr. Jenkins to time served for his attempted armed robbery convictions.

Background: Mr. Johnson was sentenced to three mandatory minimum sentences under § 893.13(1)(c)(1), Fla. Stat. when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that his mandatory minimum sentences were illegal as his offenses did not qualify for a mandatory minimum sentence under the statute, and were not orally pronounced at sentencing.

Result: The Court agreed, and Mr. Johnson’s mandatory minimum sentences were removed, and a new sentencing hearing was ordered.

State of Florida v. Brandon Zick, Case No. 17-CF-000168 (Okaloosa County)

Background: Mr. Zick entered a plea of nolo contendere and was sentenced to 15 years imprisonment followed by 15 years of probation when attorney Chase filed a Fla. R. Crim. P. 3.850 Motion for Post-Conviction Relief arguing that trial counsel performed ineffectively by failing to convey a plea offer of 13.5 years imprisonment to Mr. Zick.

Result: The State, attorney Chase, and Mr. Zick reached an agreement, and Mr. Zick’s sentence was reduced to 13.5 years imprisonment followed by 5 years of probation.

State of Florida v. Desmond Murray, Case No. 07-CF-02700 (Pinellas County)

Background: Mr. Murray was serving a sentence which called for him to receive jail credit, when attorney Chase filed a Fla. R. Crim. P. 3.800(a) Motion to Correct Illegal Sentence arguing that his sentence was illegal, as under the Court’s oral pronouncement of sentence Mr. Murray was entitled to additional credit for time served.

Result: The Court agreed and Mr. Murray was awarded additional jail credit.

State of Florida v. Charles Causey, Case No. 15-CF-1345-A-X (Marion County)

Background: Mr. Causey was sentenced to sex offender probation with special conditions of probation when attorney Chase filed a Fla. R. Crim. P. 3.800(b) Motion to Correct Sentencing Error arguing that because the Court failed to orally pronounce substantively objectionable special conditions of probation the special conditions must be stricken.

Result: The Court agreed, and the special conditions were stricken from Mr. Causey's probation.

Case Results