posted 2015 | State v. C.Y.
Client was charged with armed robbery in three different cases. He entered an open plea to the court and was sentenced to 20 years in prison. Client filed an appeal, but he was unsuccessful. All other motions that he filed also failed. The client’s mother hired Mr. Forman in order to see what could be done. Instead of filing a 3.850 motion, Mr. Forman had an idea and decided to file a motion to mitigate the client’s sentence due to ineffective assistance of counsel – an unusual hybrid motion.
Mr. Forman was able to locate a transcript from a scheduling hearing which showed that the trial court made a comment which encouraged the client to enter into an open plea, thereby giving the client the impression that the judge would be inclined to grant his motion for downward departure. Even though Mr. Forman presented this motion to the same judge who made this error, the trial court granted the motion and agreed to mitigate his 20 year sentence to only 12 years! Client and his mother were grateful.
