Aggravated Battery Defense Strategy

Summary

In Florida, aggravated battery with a deadly weapon is a second-degree felony, punishable by up to 15 years in prison. The user’s friend has filed multiple motions, including a 3850 motion for rehearing and a DCA brief appeal, citing fabricated evidence and self-defense. The friend is currently serving a 10-year sentence and is seeking community level custody for work release. The case involves claims of fabricated police reports and suppressed evidence, with ongoing appeals and motions to compel the court to take action.

Full Conversation

I have a friend who has filed a brief in a district court in Florida and the state prosecutor from the attorney generals office replied that they would not take action unless the court ordered them to do so.
What is the nature of the case your friend has filed? This will help me provide more specific information.
Aggravated battery deadly weapon
What is the current status of your friend's case in the district court?

In Florida, aggravated battery with a deadly weapon is a second-degree felony, punishable by up to 15 years in prison.
Pending
What is the name of the district court where the case is pending? In Florida, the penalty for aggravated battery with a deadly weapon can be up to 15 years in prison.
1rst district court of appeals in Florida
What is the specific issue your friend is facing with the state prosecutor's response?

For your information, the 1st District Court of Appeals in Florida is located at * Drayton Dr, Tallahassee, FL *, USA. Phone: +* *-*-*.
What to do next or what motion to file
What is the reason given by the state prosecutor for not taking action? This will help determine the appropriate motion to file.
There is no reason
What evidence does your friend have to support his case? In general, evidence can play a crucial role in persuading the court to order the state prosecutor to take action.
Documentation that the police used fabricated reports to build a case against the defendant
What steps has your friend taken after discovering the fabricated reports? In Florida, presenting such evidence could potentially lead to a dismissal or retrial.
He filed a brief at that dca. His prosecutor is already incarcerated through federal custody for other unlawful activity.
What is the current status of the prosecutor's incarceration and has your friend informed the court about this development?
The prosecutor is currently incarcerated for unrelated charges. My friend has mentioned the incarceration to the court in the brief
What was the court's response after your friend mentioned the prosecutor's incarceration in the brief?
It is still being delayed by the court
What is the reason given by the court for the delay?
The court has not provided a response yet
What is the date when your friend filed the brief in the court?
March * *
What is the next hearing date set by the court for your friend's case?
None
What is the name of your friend's attorney?
None he is pro we
What steps has your friend taken to represent himself in court?
Filed the brief signed with pro we and followed up with all of his motions pro we
What specific motions has your friend filed in court?
* motion for rehearing motion to enter judgment mandamus
What was the court's response to the * motion for rehearing, motion to enter judgment, and mandamus that your friend filed?
* denied was appealed and denied motion for rehearing denied motions to enter judgment denied the mandamus was granted by the dca
What is the next step your friend is considering after the denial of the motions and the granting of the mandamus by the DCA?
The dca brief which has already been filed
What is the specific issue or argument your friend has raised in the DCA brief?
Fabricated and edited audio submissions by investigators and the danger that the alleged victim brought to the defendant after huffing paint and starting a fire in his house before their attack
What evidence does your friend have to support these claims in the DCA brief?
Medical examiner documentation and testimony by the state attorney and public defender that the defendant never stated certain facts on their own admission of testimony
What is the response of the DCA to the brief filed by your friend?
Only by the attorney general office that they will not take action unless ordered by the court
What is the next step your friend is considering after receiving the response from the attorney general's office?
Motion to compel the court
What specific action does your friend want the court to take through the motion to compel?
Granting the motion giving time served and judication withhold
What is the basis for your friend's request for time served and adjudication withheld?
To release him from obligation to the crime and incarceration
What evidence does your friend have to support his request for time served and adjudication withheld?
The evidence against the lower court that he was attacked in his own home by a mentally I'll person on ssi disability
What specific evidence does your friend have to prove that he was attacked in his own home by a mentally ill person on SSI disability?
Only he was attacked and medicine bottles that were empty after the alleged victim overdosed to suicide
What actions did your friend take after the attack and how did he report it to the authorities?
He reported it but they made up a fake * report that he killed his aggressor instead and charged him for murder Before they were forced to drop that case to litigated aggravated battery deadly weapon
What evidence does your friend have to prove that the * report was fabricated?
The prosecutor and public defender testimonies
What specific statements did the prosecutor and public defender make that indicate the * report was fabricated?
That ''Jason Edward Frame never said he hit the victim with a * pound dumbell''
What actions has your friend taken to challenge the fabricated * report in court?
None the case was dropped
What was the reason given by the court for dropping the case?
Ballistic reports forced them to drop it they had no proof
What is your friend's plan now that the case has been dropped due to lack of proof?
He is incarcerated for aggravated battery deadly weapon currently
What is the sentence your friend received for the charge of aggravated battery with a deadly weapon?
10 years
What steps has your friend taken to appeal the sentence of 10 years for the charge of aggravated battery with a deadly weapon?
* and dca brief appeal
What is the current status of the * and DCA brief appeal?
* was denied and dca brief pending
What is the specific argument your friend has presented in the DCA brief appeal?
That fabricated evidence was used in reports against him and that he defended himself so he would not die in a house fire
What evidence does your friend have to support his claim of self-defense and the use of fabricated evidence in the DCA brief appeal?
For self defense that the alleged victim was not in their right mind when they inhaled spray paint fumes became inebriated and started a fire in the defendants house before attacking him
What evidence does your friend have to prove that the alleged victim was inebriated and started a fire in his house before attacking him?
Toxicology reports and investigator evidence
What specific details do the toxicology reports and investigator evidence provide to support your friend's claim?
Toxicology report showed gold paint in lungs associated with huffing and a burnt bag showed fire evidence
What is the response of the court or the state prosecutor to the toxicology report and the evidence of fire?
They suppressed it all
What steps has your friend taken after the suppression of the toxicology report and fire evidence?
To citate ineffective assistance to object suppression
What specific actions or omissions by your friend's legal representation led him to claim ineffective assistance?
No actions taken to defend him by objecting
What specific objections do you believe should have been made by your friend's legal representation?
Object to suppression on toxicology report and burnt bag found in the house
What is the current status of the objection to the suppression of the toxicology report and the burnt bag evidence?
There were no objections made
What is your friend's plan to address the lack of objections made by his legal representation?
To convince the court they should have been made
What specific arguments or evidence does your friend plan to present to the court to convince them that the objections should have been made?
They are stated in his brief to the dca including constitutional right to sufficient counsel
What is the response of the DCA to the arguments presented in your friend's brief regarding his constitutional right to sufficient counsel?
They have not responded
What is the deadline for the DCA to respond to your friend's brief?
They did not say
What is the next step your friend is planning to take if the DCA does not respond by the expected deadline?
Motion to compel
What specific action does your friend want the court to take through the motion to compel?
Grant the brief appeal
What specific points does your friend want the court to consider in the appeal?
I have another question
What is your next question, ****?
Can a person with aggravated battery deadly weapon charge in Florida obtain community level custody ?
What is the current status of your friend's sentence? Has he served any part of his sentence and has he shown good behavior during his incarceration?
*+ years of it good behavior and he is currently incarcerated
What is the specific reason your friend is seeking community level custody?
Work release
What is your friend's current custody level and has he applied for a work release program before?
Minimal and he has not applied before
What is your friend's employment history and skills that could be beneficial for a work release program?
Computer skills he has a resume on LinkedIn
What is the nature of the work release program your friend is interested in applying for? In Florida, eligibility for work release programs often depends on the nature of the crime, the inmate's behavior, and their potential for employment.
Telemarketing
What is your friend's previous experience in telemarketing?
Experienced
What steps has your friend taken towards applying for the work release program?
None
What is the reason your friend has not yet applied for the work release program?
Correct timing
What is preventing your friend from applying for the work release program at this time?