posted 2021 | State v. DH (Central Florida)
Mr. Forman’s perfectly executed legal strategy allowed the client to withdraw his open plea for kidnapping, burglary, and fleeing and eluding. The client was advised by his trial lawyer to enter a plea to the judge and hoped to receive a downward departure sentence. Instead, he was sentenced to four life sentences and 60 years in prison- a total disaster. Mr. Forman was hired to handle the appeal, but the appropriate remedy was to try to vacate his plea.
Mr. Forman discovered inappropriate comments were made by the judge so he filed a motion to remove the judge. Not surprisingly, it was denied, along with his motion to reduce his sentence. As described in the post below, Mr. Forman was forced to appeal and successfully had the judge removed from the case – which is never easy to do.
Mr. Forman then filed a motion for post-conviction relief seeking to withdraw his client’s plea and allow him to go to trial. The motion alleged that defense counsel was ineffective for failing to file a motion to remove the judge, as well as for failing to advise the client about certain matters, including being deemed a sexual predator.
Two days before the evidentiary hearing, the prosecutor emailed Mr. Forman and told him that he was agreeing to the motion. Mr. Forman, the client, and the prosecutor appeared before the judge and his sentences were vacated! The client and his family were thrilled and are gearing up for trial.
