JULIO ENRIQUE ROLON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-08-27
No. 5D03-3371
THOMPSON, PLEUS and MONACO, JJ., concur.
880 So. 2d 1234 Florida District Court of Appeal, Fifth District (2004) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The State concedes that the appellant, Julio Rolon, should have been resentenced under Heggs1 for attempted second degree murder as a level 8 offense; rather than as a level 10 offense. Accordingly, we reverse and remand for resentencing.

REVERSED and REMANDED.

THOMPSON, PLEUS and MONACO, JJ., concur. . Heggs v. State, 759 So. 2d 620 (Fla.2000),


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    …. [*423] We hold that the court correctly denied Sloss’s motion for directed verdict. The record demonstrates sufficient evidence to present a jury question and the jury’s verdict. See Hale v. State, 891 So. 2d 517, 519 (Fla.2004); Roeling v. State, 880 So. 2d 1234,1236 (Fla. 1st DCA 2004). At Sloss’s civil commitment proceeding, the State presented two expert witnesses who testified about Sloss’s psychological condition. See Hale, 891 So. 2d at 519. Both diagnosed Sloss with antisocial personality disorder an…
  • In re Commitment OF Gary Burton. Gary Burton v. State, 884 So. 2d 1112 (Fla. 2d DCA 2004)
    …ny of impartial experts or scientists. It is this independent and impartial proof of general scientific acceptability that provides the necessary Frye foundation.”); Sybers v. State, 841 So. 2d 532, 542 (Fla. 1st DCA 2003). But see Roeling v. State, 880 So. 2d 1234 (Fla. 1st DCA 2004) (defining the relevant scientific community that generally accepts these actuarial tests as licensed clinical psychologists specializing in forensic psychology and the evaluation of sexually violent predators). I find it very har…
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    …ey must pass the Frye test. Although the trial court erred by finding that the actuarial instruments were not subject to the Frye analysis, we nonetheless find that they were properly admitted because they do pass the Frye test. In Roeling v. State, 880 So. 2d 1234, 1239 (Fla. 1st DCA 2004), the court held that testimony regarding appellant’s propensity to commit future acts of sexual violence, based in part on the use of risk-assessment actuarial evidence, was admissible because the actuarial instruments pass…
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