The recent reversal of a Florida murder conviction in De Santus v. State, No. 4D2023-2235 (Fla. 4th DCA Oct. 15, 2025), shows what’s at stake when a defense attorney isn’t truly prepared.

I’m Rocky Brancato. At The Brancato Law Firm, I have spent more than 25 years defending serious felony and homicide cases throughout Tampa Bay, including over 150 jury trials. The De Santus ruling is exactly the kind of failure my practice is built to prevent. This guide explains what went wrong in De Santus, what Florida law actually requires of capital-eligible defense counsel, and the questions to ask any attorney before you hire.

What the Defense Attorney Failed to Do in De Santus

A Case Built Entirely on Witness Testimony

The Broward County shooting had no DNA, no fingerprints, and no video evidence. The State relied entirely on one witness. Before trial, that witness admitted to lying. She told a defense investigator that another man had the gun.

The defense attorney never used that prior statement to challenge her credibility. The jury never learned she had recanted. They also never heard that she allegedly tried to extort money from the defendant’s family. Either detail could have changed the outcome.

Later, a new witness came forward and testified that the shooter was a light-skinned man in a red jacket. The shooter was not De Santus. The Fourth DCA concluded the trial had been irreparably tainted by the attorney’s failures.

The court did not declare the defendant innocent. It reversed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and remanded the case for further proceedings.

How Florida Evaluates Ineffective Assistance of Counsel

Florida courts apply the federal standard from Strickland v. Washington, 466 U.S. 668 (1984), to claims of ineffective assistance. A defendant must show two things:

1. Deficient performance. The attorney’s representation fell below an objective standard of reasonableness.
2. Prejudice. There is a reasonable probability that the outcome would have been different without the errors.

The Florida Supreme Court applied this same framework to a capital first-degree murder case in Hilton v. State, 326 So. 3d 640 (Fla. 2021). The Second District Court of Appeal, which covers Tampa Bay, applied it to a homicide case turning on witness credibility in Jenkins v. State, No. 2D2022-3623 (Fla. 2d DCA 2024), reversing summary denial of an ineffective-assistance claim about misadvice on the right to testify.

De Santus fits this same pattern. The case turned on one witness’s credibility, the attorney’s errors went to the heart of that credibility, and the appellate court found a reasonable probability of a different result.

Anyone Can Call Themselves a “Homicide Attorney”

For death-eligible cases, Florida sets a qualification floor. Florida Rule of Criminal Procedure 3.112 (“Minimum Standards for Attorneys in Capital Cases”) requires lead trial counsel to have:

• At least 5 years of criminal litigation experience
• Lead counsel in at least 9 jury trials of serious and complex cases tried to completion
• Lead or co-counsel in at least 2 cases tried to completion in which the death penalty was sought
• Lead counsel in at least 3 murder trials (or 1 murder trial plus 5 other felony jury trials)
• At least 12 hours of capital-defense continuing legal education within the last 2 years

The Florida Supreme Court amended Rule 3.112 in November 2025 to broaden the definition of “capital trial” beyond first-degree murder to any death-eligible offense. Meeting Rule 3.112 is the floor, not a guarantee. De Santus shows what can happen when nominally qualified counsel still fail at the basics.

5 Questions to Ask Before Hiring a Florida Homicide Attorney

Before you trust your future to anyone claiming to be a homicide attorney, ask these questions directly:

1. How many homicide trials have you personally handled from start to verdict?
2. Have you ever obtained a not-guilty verdict in a homicide case?
3. Who will actually stand beside me in court, you or an associate?
4. What is your record when the State’s evidence seems overwhelming?
5. Are you certified under Florida Supreme Court standards to handle death-penalty cases?

If your lawyer hesitates on any of these questions, keep searching.

Homicide Case Results from The Brancato Law Firm

Each case is unique. Past results do not guarantee future outcomes.

Roommate Homicide: Not Guilty

A man charged with killing his roommate was acquitted after my direct examination showed the shooting was in self-defense. The jury returned a swift not-guilty verdict.

Grandmother Homicide: Charge Reduced

A grandmother initially charged with murder and aggravated child abuse avoided a life sentence after evidence showed the child’s injuries resulted from CPR efforts. The charge was reduced to child neglect with probation.

Second-Degree Murder: Reduced to Manslaughter

A jury found that my client’s shooting of his friend, while not exactly self-defense, was not “depraved mind” second-degree murder. The result was a significantly reduced sentence.

Frequently Asked Questions

Why was the De Santus conviction reversed?

The Fourth DCA found that the defense attorney’s combined errors (failing to use key impeachment evidence and failing to advise the client about testifying) violated the right to a fair trial. The court concluded these were not minor mistakes but fundamental failures that tainted the entire proceeding.

What is impeachment evidence?

Impeachment evidence challenges a witness’s credibility. In De Santus, the key witness had previously told a defense investigator that someone else, “Gangsta Baby,” had the gun. That prior inconsistent statement could have undermined her entire testimony, but the attorney never used it.

How do I verify an attorney’s homicide experience in Florida?

Ask directly: how many homicide trials have you handled to verdict? Request specific case outcomes. Check whether they meet Florida Rule of Criminal Procedure 3.112 qualifications for capital cases. If they hesitate or deflect, that tells you something.

Will the attorney I hire actually handle my case?

Ask before hiring. Some firms advertise experienced partners but assign cases to junior associates. At The Brancato Law Firm, every homicide case is handled by a senior trial attorney, not by junior associates.

What is Florida Rule 3.112?

Florida Rule of Criminal Procedure 3.112 sets the minimum qualifications for attorneys appointed to capital cases in Florida. The Florida Supreme Court most recently amended it in November 2025 to broaden which cases count as “capital.” Meeting the rule is the floor for capital appointments, not a complete measure of an attorney’s preparation.

How long do I have to challenge a Florida murder conviction for ineffective assistance?

Florida Rules of Criminal Procedure 3.850 (non-capital sentences) and 3.851 (capital sentences) generally require an ineffective-assistance motion within two years of the final judgment, with limited exceptions. Postconviction motions are time-sensitive, so anyone considering one should consult counsel quickly.

Facing Homicide Charges in Tampa Bay?

The De Santus case shows what happens when preparation fails. A homicide trial demands experience, judgment, and attention to every detail. Anything less risks a lifetime behind bars.

I’m Tampa Attorney Rocky Brancato. For more than 25 years, I have defended serious felony and homicide cases throughout Tampa Bay. As a former member of major-crimes and sex-crimes units in Tampa’s largest criminal defense office, I have the perspective that only decades in the courtroom can bring. Read more on our Tampa Homicide Attorney page.

I keep my caseload low so every client receives the preparation their case demands. If I’m too busy or it’s not the right fit, I’ll tell you. I won’t take a case I can’t handle properly.

Don’t assume every “homicide attorney” has the experience your life demands. Verify it before you hire.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Understanding the Ghoneim Decision

On January 16, 2026, Florida’s Second District Court of Appeal issued its decision in Ghoneim v. State, No. 2D2025-0350. The ruling reversed a Pinellas County Circuit Court decision that had summarily denied Ehab Moustafa Ghoneim’s motion seeking credit for time he spent in jail in Cook County, Illinois. Consequently, this decision provides important guidance for defendants seeking out-of-state jail credit in Florida criminal cases.

The Facts of the Case

Ghoneim filed a motion under Florida Rule of Criminal Procedure 3.801, arguing for credit for time served in Illinois. The postconviction court summarily denied the motion, concluding that Ghoneim generally must raise out-of-state credit claims in a Rule 3.850 motion instead.Furthermore, the court did not give Ghoneim an opportunity to amend or refile his claim.

Why Out-of-State Credit Is Different

Under Florida law, out-of-state jail credit is not something a defendant is automatically entitled to as a matter of law. The Second District Court of Appeal cited two key precedents: Kronz v. State, 462 So. 2d 450 (Fla. 1985), and McRae v. State, 820 So. 2d 1048 (Fla. 2d DCA 2002) (en banc). Therefore, because out-of-state credit requires a showing beyond mere entitlement, it must be sought through the proper procedural vehicle.

The Proper Procedure: Rule 3.850 Motion

According to Garnett v. State, 957 So. 2d 32 (Fla. 2d DCA 2007) (en banc), the proper method to seek out-of-state jail credit is through a timely Rule 3.850 motion alleging ineffective assistance of trial counsel. In other words, if your trial attorney failed to ensure you received proper credit for time served in another state, that failure may constitute grounds for postconviction relief.

Comparison: Rule 3.801 vs. Rule 3.850

The Court’s Ruling: Substance Over Form

The Second District Court of Appeal reversed the lower court’s denial, holding that the postconviction court should have treated Ghoneim’s claim as if it had been filed under the correct rule. This principle comes from Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002), which established that courts must treat properly pleaded claims as if filed in a properly styled motion, regardless of how the defendant labeled the motion.

Your Right to Amend a Facially Insufficient Claim

Additionally, the Court of Appeal emphasized that because Ghoneim filed his motion within the two-year limit of Rule 3.850(b), he had the right to amend any facially insufficient claim. Florida Rule of Criminal Procedure 3.850(f)(2) codifies this right, which the Florida Supreme Court affirmed in Spera v. State, 971 So. 2d 754 (Fla. 2007).Specifically, the appeals court remanded with directions for the postconviction court to permit Ghoneim to file a facially sufficient Rule 3.850 motion within sixty days.

What This Means for Tampa Bay Defendants

If you were arrested or detained in another state before your Florida criminal case was resolved, the Ghoneim decision is directly relevant to your situation. Moreover, this ruling applies throughout the Second District, which includes Hillsborough, Pinellas, and Pasco Counties. Here are the key points to understand.

Steps to Seek Out-of-State Jail Credit in Florida

Documentation You Will Need

To successfully pursue out-of-state jail credit, you will need to gather evidence of your incarceration in the other state. Specifically, this includes certified jail records showing your booking and release dates, documentation connecting your out-of-state detention to your Florida case, and evidence that your trial counsel failed to pursue this credit. Furthermore, an experienced Tampa criminal defense attorney can help you obtain and organize this documentation.

Frequently Asked Questions About Out-of-State Jail Credit

How The Brancato Law Firm Can Help

Tampa Criminal Defense Attorney Rocky Brancato brings over 25 years of criminal defense experience to every case. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he has extensive experience with complex postconviction matters, including motions for jail credit. Additionally, his deep understanding of appellate procedure and Florida criminal law makes him uniquely qualified to handle out-of-state jail credit claims.

If you believe you are entitled to credit for time served in another state, contact The Brancato Law Firm, P.A. today. We will review your case, gather the necessary documentation, and file the appropriate motion under the correct procedural rule.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Why Your Lawyer’s Preparation Can Make or Break Your Case

If you decide to testify at trial, the prosecution can ask about your prior felony convictions. Specifically, they can ask how many you have. This seems simple enough—but if you get the number wrong, even by accident, you “open the door” to devastating impeachment.

The Fernandez case proves that your lawyer’s competence matters just as much as the evidence itself. Indeed, a simple math error by your attorney can transform you from a credible witness into someone the jury believes will lie about anything.

The Case: Fernandez v. State (December 23, 2025)

Caleb Fernandez faced arrest in Lee County after a traffic stop. Police found a gun under the car and drugs in his pocket. While Fernandez admitted to the drugs, he swore the gun belonged to his passenger.

The trial became a “credibility contest.” The deputies claimed they saw Fernandez drop the gun; Fernandez and his passenger said he did not. Importantly, there was no DNA, no fingerprints, and no video evidence. Therefore, everything depended on who the jury believed.

The Cost of a Mistake: Prepared vs. Unprepared Defense

The following comparison demonstrates why proper preparation proves essential when a defendant decides to testify:

Frequently Asked Questions: Prior Convictions and Trial Testimony

Can I get a new trial if my lawyer gave me bad advice about my record?

Yes, but proving it proves difficult. You must establish “Ineffective Assistance of Counsel” under the Strickland standard. Specifically, you must show that your lawyer’s performance fell below professional standards and that the error actually changed the outcome of the trial. In Fernandez, the court ruled the error was so damaging it likely caused the guilty verdict.

Do I have to tell the jury about my prior felonies?

Only if you testify. Florida law allows the State to use your prior felonies to attack your credibility when you take the stand. However, if you choose not to testify, the jury generally will not hear about your record. Therefore, the decision whether to testify requires careful strategic consideration.

What if I honestly forgot how many felonies I have?

Unfortunately, the law treats an honest mistake the same as a lie for impeachment purposes. If you get the number wrong, the State can correct you with certified copies—making you look dishonest to the jury regardless of your intent. Consequently, your lawyer must verify the count before trial.

What is “opening the door” in Florida evidence law?

“Opening the door” means introducing evidence or making statements that allow the opposing party to introduce evidence that would otherwise remain inadmissible. In the context of prior convictions, if you give the wrong number, you “open the door” to the State introducing the actual certified records—which may include the specific crimes, not just the count.

Can the prosecutor tell the jury what my prior convictions were for?

Generally, no—unless you open the door. If you answer truthfully about the number, the prosecutor typically cannot name the specific crimes (unless they involve dishonesty, like fraud or perjury). However, if you give the wrong number, the State can introduce the certified records, which reveal the nature of each conviction. In Fernandez’s case, this included Aggravated Assault with a Firearm.

What is the Strickland standard for ineffective assistance?

Under Strickland v. Washington (1984), you must prove two things: First, that your lawyer’s performance fell below an objective standard of reasonableness. Second, that there exists a reasonable probability that, but for the lawyer’s errors, the result of the trial would have been different. Both prongs must be satisfied.

Should I testify at my trial?

This depends entirely on the facts of your case. Testifying allows you to tell your side of the story directly. However, it also exposes you to cross-examination and impeachment with prior convictions. An experienced defense attorney will analyze whether testifying helps or hurts your case and prepare you thoroughly if you decide to take the stand.

How do you verify a client’s criminal history before trial?

We pull complete NCIC/FCIC records (the FBI and Florida criminal history databases). Additionally, we order certified copies of prior judgments from the relevant Clerks of Court. Then we review each conviction with the client to ensure they know the exact count and understand how to answer questions without opening the door to damaging evidence. Finally, we verify with the prosecutor how many convictions they are prepared to prove.

Related:

• Tampa Criminal Defense Attorney – Full-service criminal defense
• Tampa Gun Crimes Lawyer
• Florida’s Rape Shield Law
• Williams Rule in Florida Sex Crimes Cases
• What to Do After Being Arrested in Tampa, Florida