posted 2015 | State V. A.O (appeal/3.850)
Client was a clerk at a convenient store who shot and paralyzed an angry patron who threatened to do harm to the clerk. The client went to trial with another attorney and was found guilty of attempted 1st degree murder. He was sentenced to 25 years in prison. Mr. Forman was hired to do the appeal. Mr. Forman found several issues on appeal, but they were not objected to by the client’s trial attorney. Although the appellate court agreed with Mr. Forman, the court determined not to reverse the judgment and sentence because trial counsel did not preserve the issues for appeal.
However, while handling the appeal, Mr. Forman formulated a game plan for filing a 3.850 motion for post conviction relief. Mr. Forman discovered that the listed victim committed perjury by using a false name throughout the proceedings. This amounted to perjury and would add extra leverage to the 3.850. After advising the State of his intent to file the 3.850 motion, a meeting took place with the prosecutor. After several discussions, Mr. Forman was able to get the client’s sentence reduced to only 8 years in prison with credit for time served, followed by probation. The client was released February 2015.