Picking up a new felony charge less than three years after walking out of prison puts you in the one corner of Florida sentencing law where the judge may have no say at all. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have practiced in Hillsborough County courtrooms for more than 25 years, including service as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In every PRR case, our attorneys pull the Department of Corrections release records, count the days ourselves, and test each element the State must prove before anyone talks about a plea.

What makes someone a prison releasee reoffender in Florida?

A person is a prison releasee reoffender when three things line up: a qualifying release, a qualifying new offense, and a new offense date within three years of that release. All three come from section 775.082(9), Florida Statutes. Attempts count the same as completed crimes. The statute also covers a new listed offense committed while the person is still serving a prison sentence or is on escape status.

PRR is a sentencing designation. It attaches to the new charge and replaces the normal scoresheet sentence with a fixed mandatory term. Because most qualifying offenses are violent felonies, PRR cases usually begin as robbery, aggravated battery, or home invasion charges, the work described on our Tampa violent crime attorney page.

Which offenses qualify for PRR?

The statute lists the qualifying offenses by name. The list includes:

• Murder, manslaughter, and treason
• Sexual battery and kidnapping
• Robbery, carjacking, and home-invasion robbery
• Arson and aircraft piracy
• Aggravated assault with a deadly weapon, aggravated battery, and aggravated stalking
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Armed burglary, burglary of a dwelling, and burglary of an occupied structure
• Felony violations of sections 790.07, 800.04, 827.03, 827.071, and 847.0135(5)
• Any other felony that involves the use or threat of physical force or violence against an individual
• Battery on a law enforcement officer that results in bodily injury

The last item is new. The Legislature added it in Chapter 2026-149, Laws of Florida, which took effect July 1, 2026. Burglary of an unoccupied structure or conveyance is missing from the named list, so the State must fit those cases under the force-or-violence catch-all, which depends on the facts of the conviction. Our posts on what burglary is in Florida and how to defend an armed robbery charge cover those charges in detail.

What counts as a release from prison?

The three-year clock starts on release from one of three places. The first is a Florida state prison run by the Department of Corrections or a private vendor. The second is a county jail, but only when the sentence pronounced for that offense was a prison sentence. The third is a prison in another state, the federal system, or a foreign country, after a sentence for an offense punishable by more than one year in Florida.

A county jail sentence by itself does not start the clock. Neither does probation alone. That distinction is the first thing our attorneys check, because a mislabeled prior sentence can defeat the designation entirely.

What sentence does a PRR designation require?

A PRR designation requires the judge to impose a fixed term set by the degree of the new felony, and the person must serve 100 percent of it. The statute bars parole, control release, gain time, and every other form of early release. A PRR defendant is also “not eligible for sentencing under the sentencing guidelines,” so the scoresheet and the usual tools for going below it drop out of the case.

Each PRR term matches the statutory maximum for that degree of felony. The judge can still go higher when another law allows it, such as a habitual felony offender sentence, so PRR sets a floor.

The designation is not rare. A February 2020 Florida Senate staff analysis of SB 1716, citing Department of Corrections data, reported 510 potentially eligible releasee reoffenders admitted to prison in fiscal year 2018-19. The same analysis counted 7,396 potentially eligible releasee reoffenders then in prison, including 3,579 serving 15-year terms and 1,750 serving life.

Because PRR removes guidelines sentencing, a downward departure is off the table once the State proves the designation. That is why the fight in a PRR case happens before the sentencing hearing.

Who decides whether PRR applies to your case?

The State Attorney decides whether to seek PRR sentencing, and the judge must impose it once the State proves the designation. In State v. Cotton, 769 So. 2d 345 (Fla. 2000), the Florida Supreme Court reviewed two PRR sentences and held that the Act does not violate the separation of powers because the prosecutor chooses whether to invoke it, while the trial court has no discretion to decline the sentence once qualification is proven.

The statute says the Legislature wants qualifying offenders punished “to the fullest extent of the law” unless the State Attorney finds extenuating circumstances that preclude just prosecution. One listed circumstance is whether the victim recommends against a PRR sentence. When a qualifying offender does not receive the mandatory sentence, the State Attorney must explain the deviation in writing and place it in the prosecution file. Under Cotton, the victim’s view is a factor for the prosecutor and not a veto.

In Hillsborough County, that decision belongs to the State Attorney’s Office for the 13th Judicial Circuit. Our Hillsborough County criminal defense attorney page explains how cases move through the courthouse.

How does the State prove you qualify as a PRR?

The State proves PRR status at sentencing, and the statute sets the standard as a preponderance of the evidence, decided by the judge. The key fact is the release date, and the usual proof is a Department of Corrections record.

In Yisrael v. State, 993 So. 2d 952 (Fla. 2008), the State offered a DOC release-date letter to prove when the defendant left prison. The Florida Supreme Court held that a release-date letter standing alone is inadmissible hearsay. The sentence survived only because a sealed DOC Crime and Time Report was attached, and the Court explained that such a report is admissible when authenticated by a signed, sealed records letter or by a certification that meets the business-records statute.

Does Erlinger mean a jury must decide PRR status?

Florida appellate courts have not decided whether a jury must find PRR facts, and the State has conceded in court that it must. That open question comes from Erlinger v. United States, 602 U.S. 821 (2024). On June 21, 2024, the U.S. Supreme Court held that a unanimous jury, not a judge, must decide beyond a reasonable doubt whether a federal defendant’s prior offenses occurred on separate occasions before the Armed Career Criminal Act’s mandatory minimum can apply.

Florida’s PRR statute lets a judge find the release date by a preponderance of the evidence. Professor Chad Flanders explains in The Impact of Erlinger v. United States on State Recidivist Sentencing Laws, 82 Wash. & Lee L. Rev. Online 456 (2025), that Erlinger may invalidate state laws letting judges decide timing facts about a defendant’s prior record.

What did the Florida Supreme Court do in Maye v. State?

In Maye v. State, 436 So. 3d 416 (Fla. 2026), a man serving a mandatory PRR life sentence for a 2002 robbery with a deadly weapon argued that the statute was unconstitutional because a judge, not a jury, made the PRR finding. The State conceded that the PRR statute is unconstitutional under Erlinger if the challenge were properly raised. The Court did not reach that question. It held that this kind of jury-finding claim cannot be brought in a rule 3.800(a) motion to correct an illegal sentence, because these errors are subject to harmless error review. Justice Labarga dissented and would have quashed the enhanced portion of the sentence and sent the case back for resentencing.

Why do Erlinger challenges to PRR keep losing?

Erlinger challenges to PRR keep losing because every Florida district court of appeal treats the missing jury finding as harmless when the record clearly shows the release date. In Walker v. State, No. 1D2025-1961 (Fla. 1st DCA July 22, 2026), a defendant sentenced as a PRR in 2016 argued that no jury found his release date. The First District affirmed because records showed he was released four months before the armed robbery, and it noted that cases from all six district courts apply harmless error analysis to this claim.

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco, follows the same rule. In Flournoy v. State, 415 So. 3d 806 (Fla. 2d DCA 2025), a Pinellas County defendant challenged his PRR sentence for attempted arson. The State conceded that PRR findings must, at a defendant’s request, be made by a jury, yet the court found the error harmless because a certified DOC packet showed the release dates, the defense did not dispute them, and defense counsel conceded PRR qualification at sentencing. In Page v. State, No. 2D2023-1850 (Fla. 2d DCA Mar. 25, 2026), the court reached the same result where the defendant never objected to the State’s prior-record evidence.

The lesson is direct. A concession or a silent sentencing hearing turns a strong constitutional issue into harmless error. Our attorneys request a jury determination of PRR facts, object to defective release records, and refuse to concede qualification, so the record shows a genuine dispute.

Does Erlinger help if your sentence is already final?

Erlinger generally does not help a person whose sentence was already final when it was decided. In Wainwright v. State, 411 So. 3d 392 (Fla. 2025), a death-sentenced prisoner raised Erlinger in a successive postconviction motion, and the Florida Supreme Court held that Erlinger does not apply retroactively. Florida appellate courts have applied Wainwright to deny Erlinger relief on older sentences.

How does a PRR designation affect a plea offer?

A PRR notice gives the State enormous leverage, because the plea offer is measured against a mandatory sentence the judge cannot reduce. A defendant facing a 15-year PRR term on a second-degree felony is weighing any offer against 15 years served day for day, with no gain time.

The same statute that creates the leverage also creates room to negotiate. The State Attorney can decline to seek PRR, can agree to a plea to an offense that is not on the list, or can reduce the charge to a lower degree with a shorter PRR term. Any deviation must be explained in writing, so the defense has to give the prosecutor concrete reasons to write that memo: weak proof of the release date, evidentiary problems in the new case, mitigation, or a victim who does not want the mandatory sentence. Our post on how to decide whether to accept a plea bargain walks through how to weigh an offer like this.

How do our attorneys fight a PRR designation?

Our attorneys fight a PRR designation by attacking each element the State must prove and by building a record that survives harmless error review. The work follows a set order:

1. Audit the release. We obtain the DOC records and confirm the prior sentence was a prison sentence, not a county jail sentence, and that an out-of-state offense carried more than one year under Florida law.
2. Count the days. We measure from the exact release date to the offense date the State alleges, and we challenge an offense date the evidence does not support.
3. Test the offense. We check whether the new charge is on the statutory list, or whether the State is relying on the force-or-violence catch-all, which turns on the conviction.
4. Object to the proof. We hold the State to Yisrael and keep unauthenticated release letters out.
5. Demand a jury. We request a jury finding on PRR facts under Erlinger and preserve the issue so it is available on appeal.
6. Negotiate the waiver. We give the prosecutor documented reasons to decline PRR or to accept a plea outside the statute.
7. Try the underlying case. Beating the new charge, or winning a lesser offense that does not qualify, ends the PRR issue.

What should you do in the first days after a PRR notice?

The first days after a PRR notice decide how much of this defense is available. Do not discuss your release date or criminal history with anyone at the jail, because calls are recorded. Gather any release paperwork you or your family kept. Do not let anyone concede at a hearing that you qualify. If you were recently released and believe you are under investigation but have not been charged, our representation before charges are filed can begin before the State makes its charging decision.

For more about our defense strategies, visit our Violent Crimes page.

Frequently Asked Questions

Can the State drop a PRR notice in Florida?

Yes, the State Attorney can choose not to pursue PRR sentencing, but for a qualifying offender the prosecutor must explain that deviation in writing. The Brancato Law Firm builds that written record for the prosecutor, using release-date problems, case weaknesses, and mitigation. Our Tampa violent crime defense team handles these negotiations in Hillsborough, Pinellas, and Pasco.

Does PRR apply if I was released from county jail instead of prison?

PRR applies after a county jail release only when the sentence pronounced for that offense was a prison sentence. Our attorneys at The Brancato Law Firm compare the judgment and sentence from the prior case against the DOC records to see which kind of sentence it was. A jail-only sentence does not start the three-year clock under section 775.082(9).

Can a judge give a downward departure on a PRR sentence?

No, a judge cannot depart below a PRR sentence once the State proves the designation, because a PRR defendant is not eligible for guidelines sentencing. That is why The Brancato Law Firm concentrates on the stages before sentencing, when the designation itself can still be challenged or negotiated away. Our downward departure guide explains when departures are available in non-PRR cases.

Does a PRR sentence earn gain time in Florida?

No, a PRR sentence earns no gain time, and the person must serve 100 percent of the term with no parole or early release. The Brancato Law Firm explains this to every client before a plea decision, because a PRR offer and a non-PRR offer with the same number of years can mean very different time in prison.

Does PRR apply to drug charges in Florida?

Drug possession and trafficking are not on the PRR list, so a drug charge alone does not trigger the designation. Our attorneys at The Brancato Law Firm check whether the State has paired a drug case with a qualifying offense, such as a robbery or aggravated assault. Our Tampa drug crimes attorney page covers the drug charges themselves.

Can I challenge an old PRR sentence under Erlinger?

Usually not, because the Florida Supreme Court held in Wainwright that Erlinger does not apply retroactively, and Maye bars the claim in a rule 3.800(a) illegal-sentence motion. The Brancato Law Firm reviews older PRR cases for other sentencing errors, such as an offense that never qualified, because those claims follow different rules. See Maye v. State for the Court’s reasoning.

Does battery on a police officer qualify for PRR in Florida?

Yes, battery on a law enforcement officer that results in bodily injury became a PRR offense when Chapter 2026-149 took effect on July 1, 2026. When a client faces this charge, The Brancato Law Firm looks first at the injury evidence and the offense date, since both control whether the new provision reaches the case.

Sentencing is the deadline that matters most in a PRR case, because an objection not made by then is usually treated as harmless on appeal. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before the next hearing, so our attorneys can pull your release records and challenge the designation while it can still be stopped.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

An appellate judge reading a Florida trial transcript looks first for a timely, specific objection and a ruling on it. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have taken more than 150 jury trials to verdict and have spent more than 25 years in Hillsborough County courtrooms. Our attorneys try every case knowing that the transcript we make at trial is the only record an appeals court will ever read.

What does it mean to preserve an issue for appeal in Florida?

Preserving an issue means giving the trial judge a clear chance to rule on it, on the record, before the case ends. Section 924.051(1)(b) defines “preserved” to mean that an issue, legal argument, or objection “was timely raised before, and ruled on by, the trial court” and was “sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor.”

That definition has three working parts:

1. Timely. The objection comes when the problem happens, not after the verdict.
2. Ruled on. The judge sustains it, overrules it, or denies the motion on the record.
3. Precise. The lawyer states the legal ground. A bare “objection” can preserve nothing when the ground is not obvious from context.

The consequence is written into section 924.051(3): “An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error.” A prejudicial error is one that “harmfully affected the judgment or sentence,” and under section 924.051(7) the defendant carries the burden of proving it. At The Brancato Law Firm, we treat those three words, timely, ruled on, and precise, as a checklist for every objection we make in front of a jury.

What do objections, proffers, and motions for judgment of acquittal do?

Each trial tool preserves a different kind of error, and each has its own timing. A lawyer who uses the wrong tool, or uses the right one too late, can lose the issue for good.

Objections to evidence

Section 90.104, Florida Statutes, allows reversal based on admitted evidence only when “a timely objection or motion to strike appears on the record, stating the specific ground of objection if the specific ground was not apparent from the context.” Hearsay, improper character evidence, and an officer’s opinion on guilt are common examples. If the defense lawyer says nothing, the jury hears the evidence and the appeals court usually will not review it.

Proffers of excluded evidence

A proffer is a short statement, or a question-and-answer session outside the jury’s presence, that shows the judge what a witness would have said. Section 90.104(1)(b) requires that “the substance of the evidence was made known to the court by offer of proof or was apparent from the context.” Without a proffer, the appeals court has no way to know whether keeping the evidence out mattered. The same statute adds a useful rule: when the judge makes a definitive pretrial ruling on the record, the lawyer does not need to renew the objection or proffer at trial.

Motions for judgment of acquittal

A motion for judgment of acquittal asks the judge to end the case because the State’s evidence cannot support a conviction. Florida Rule of Criminal Procedure 3.380 says the motion “must fully set forth the grounds on which it is based.” A one-line motion that names no missing element can leave a sufficiency claim unpreserved.

The Florida Supreme Court showed the cost in F.B. v. State, 852 So. 2d 226 (Fla. 2003). A child was found guilty of petit theft of items worth $100 to $300, yet the State offered no evidence of value. The defense never moved for acquittal on that ground. The Court held that a sufficiency claim generally must be preserved through a timely challenge in the trial court, with two narrow exceptions: death penalty cases and evidence that shows no crime was committed at all. It approved the decision that refused to reach the value argument. A 2015 article in the St. Thomas Law Review, Doin’ Time for an Unproven Crime, argues that this rule leaves some defendants convicted on records that never proved every element, which is exactly why our attorneys argue the specific missing element out loud before the jury deliberates.

Jury instruction objections

Jury instructions follow the contemporaneous objection rule. In State v. Delva, 575 So. 2d 643 (Fla. 1991), the trial judge did not tell the jury that the defendant had to know the package contained cocaine, and no one objected. The Florida Supreme Court held that instructions “are subject to the contemporaneous objection rule, and, absent an objection at trial, can be raised on appeal only if fundamental error occurred.” Because knowledge was not disputed at trial, the missing element was not fundamental error, and the Court quashed the lower appellate decision.

Sentencing errors

Florida Rule of Appellate Procedure 9.140(e) requires a sentencing error to be raised first in the trial court, either at the sentencing hearing or by a motion under Florida Rule of Criminal Procedure 3.800(b). Our firm reviews the scoresheet before the hearing so that a scoring mistake is corrected in the courtroom rather than argued for the first time on appeal.

What is fundamental error, and how often does it save an appeal?

Fundamental error is an error so serious that, in the words of Delva, it “reach[es] down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Florida courts find it rarely. Florida Supreme Court Justice Jorge Labarga told trial lawyers at a June 2026 Florida Bar Convention program, as reported by The Florida Bar News, “Please object at trials,” adding that he had spent “half my life on the Supreme Court living in fundamental error land because someone doesn’t object.”

Preserved issues face long odds too. In a national study of 2010 state criminal appeals, the Bureau of Justice Statistics found that 81% of appeals reviewed on the merits were affirmed, and appellate courts reversed, remanded, or modified part of the trial court decision in 12% of all appeals. A defendant who also has to prove fundamental error starts from an even weaker position. Our attorneys at The Brancato Law Firm build the record at trial so that a client’s appeal can rest on the ordinary preserved-error standard.

How did Anady v. State change the rule on the reasonable doubt instruction?

Anady v. State, No. 1D2023-2811 (Fla. 1st DCA Dec. 23, 2025) (en banc), held that failing to read Florida Standard Jury Instruction 3.7, the instruction that defines reasonable doubt and the presumption of innocence, is not fundamental error by itself. Joseph Anady was tried in Escambia County on child sexual battery and related charges and received consecutive life sentences. Neither side objected at the charge conference when Instruction 3.7 was left out of the final instructions.

The full First District Court of Appeal affirmed. The majority pointed to the rest of the record: the judge defined reasonable doubt for the jury panel during jury selection, both lawyers repeated the State’s burden, and the final instructions told the jury nine times that the State had to prove each element beyond a reasonable doubt. The court receded from two of its own earlier decisions and certified conflict with four decisions from other district courts. One of them was Usry v. State, 284 So. 3d 1128 (Fla. 2d DCA 2019), a Pasco County second-degree murder case in which the Second District accepted the State’s concession that omitting a reasonable doubt instruction was fundamental error and ordered a new trial.

Where Anady stands now. The Florida Supreme Court accepted the case for review as No. SC2026-0105. Florida Law Weekly’s review-granted listing shows an order dated May 19, 2026, with oral argument to be set. As of this update, the Court has not ruled, and no Southern Reporter citation has been published for the First District’s opinion.

The lesson does not depend on how the Supreme Court rules. A concurring judge in Anady wrote that failing to get the presumption of innocence instruction, without a sound strategic reason, is ineffective assistance of counsel, but that claim could not be decided on direct appeal. A defendant whose lawyer stays silent may wait years for a postconviction ruling. Our attorneys read the written instructions at every charge conference, confirm Instruction 3.7 is included, and object on the record if it is not.

Does the State admitting a mistake guarantee a reversal?

No. Florida appeals courts decide preservation for themselves, even when the prosecutor concedes that the trial court erred.

Wasko v. State, No. 6D2025-0557 (Fla. 6th DCA July 31, 2026), is a short per curiam affirmance of a Hendry County judgment. The opinion does not describe the charge or the specific error raised. It affirms by quoting section 924.051: its definitions of “prejudicial error” and “preserved,” its rule that an appeal may not be taken unless a prejudicial error is alleged and properly preserved or, if not preserved, would be fundamental, and its rule that the appellant carries the burden.

The two cases Wasko cites explain the point. In I.R. v. State, 395 So. 3d 567 (Fla. 6th DCA 2024), a Polk County juvenile appealed a finding that he sent written threats. The State conceded the trial judge used the wrong intent standard, but the court refused to reach the issue because the defense had argued the opposite position at trial, stating, “we are not bound by such concessions.” In Conner v. State, 987 So. 2d 130 (Fla. 2d DCA 2008), a DUI manslaughter appeal, the Second District said it “has an independent obligation to ensure that an alleged prejudicial error was properly preserved,” even though the State never raised preservation. The same opinion shows both sides of the rule: the preserved objection to a graphic, irrelevant photograph won Conner a new trial, while his unpreserved complaint about a police investigator’s opinion testimony was never reviewed.

For a defendant in Hillsborough, Pinellas, or Pasco, Conner is the Second District’s own statement of the rule. Our firm does not rely on a prosecutor’s later concession to rescue an issue we could have preserved in the courtroom.

Can an unpreserved error still win an appeal?

Yes, but only when the error is fundamental. In Smith v. State, No. 6D2023-3417 (Fla. 6th DCA July 31, 2026), a Charlotte County probationer admitted one violation, unsupervised contact with a minor, and the State expressly dropped a second allegation of excessive intoxicant use. At sentencing months later, the judge mistakenly believed both violations had been admitted, revoked probation, and imposed 20 years in prison. Defense counsel did not object. The Sixth District held that revoking probation partly on a violation the State chose not to pursue was fundamental error, reversed, and sent the case back for a new hearing on the admitted violation alone. Our guide on how to fight a probation violation in Florida covers the hearing stage where an objection would have avoided the appeal.

What if your trial lawyer failed to object?

A missed objection is usually raised later, through a postconviction claim of ineffective assistance of counsel. In Anady, the concurring judge explained that, without fundamental error, an ineffective-assistance claim was not before the court on direct appeal. That claim normally goes in a motion under Florida Rule of Criminal Procedure 3.850, which generally must be filed within two years after the judgment and sentence become final.

To win, the defendant must show that the lawyer’s performance was deficient and that it prejudiced the outcome. That is a second trial-level fight, often years after the verdict. Our attorneys at The Brancato Law Firm would rather make the objection the first time than litigate its absence later.

What should you ask a Florida trial lawyer about preserving issues?

Ask how the lawyer protects the record before you sign a retainer. The answers show whether the lawyer tries cases with an appeal in mind.

Our firm also offers trial consulting and litigation support to other defense lawyers handling serious felony cases, and record-building is a central part of that trial planning.

How long do you have to file a notice of appeal in Florida?

A defendant generally has 30 days. Florida Rule of Appellate Procedure 9.140(b)(3) requires the notice of appeal to be filed “at any time between rendition of a final judgment and 30 days following rendition of a written order imposing sentence.” The clock runs from the written sentencing order, not the verdict.

Florida allows a belated appeal only in limited circumstances, so treat the 30-day deadline as fixed. For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

Frequently asked questions

Can you appeal a Florida conviction if your lawyer never objected?

You can file the appeal, but the appeals court will review an unpreserved issue only if it is fundamental error. The Brancato Law Firm reviews the trial transcript issue by issue to separate preserved claims, possible fundamental errors, and ineffective-assistance claims that belong in a Rule 3.850 motion.

Does a motion in limine ruling preserve an objection in Florida?

Yes, if the judge makes a definitive ruling on the record, section 90.104(1) says the objection does not need to be renewed at trial. Our attorneys at The Brancato Law Firm press for a clear, final ruling and still object at trial when a ruling is tentative, as we explain in our post on the Williams rule in sex crimes cases.

Can you appeal after pleading guilty or no contest in Florida?

Only in narrow situations. Section 924.051(4) bars an appeal after a guilty or no contest plea unless the defendant expressly reserved the right to appeal a legally dispositive issue, and Rule 9.140(b)(2)(A) lists the few other issues that can be raised. Before any client of The Brancato Law Firm enters a plea after losing a suppression motion, we discuss whether the issue is dispositive and can be reserved.

Is leaving out the reasonable doubt instruction fundamental error in Florida?

The district courts disagree, and the Florida Supreme Court is reviewing the question in Anady. The Brancato Law Firm avoids the question entirely by confirming Standard Jury Instruction 3.7 is in the final charge and objecting on the record if it is missing.

How can you tell whether your trial lawyer preserved issues for appeal?

Read the transcript for three things: a stated legal ground, a ruling from the judge, and, for excluded evidence, a proffer. A trial attorney at The Brancato Law Firm can review the record with you, and our Hillsborough County criminal defense attorney page explains how we handle trials in the 13th Judicial Circuit.

Can errors the jury never heard about be raised after trial?

Some can, through a motion for new trial or a Rule 3.850 motion, when the facts were not in the trial record. The Brancato Law Firm has written about one example, challenging jailhouse informant testimony in Florida, where undisclosed deals can surface only after the verdict.

Talk to a Florida trial lawyer before the deadline runs

Thirty days after the written sentence is all the time Florida gives to file a notice of appeal, and the record that appeal depends on is made at trial, objection by objection. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review where your case stands, what has been preserved, and what still has to be done in the trial court.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.