While the first goal in any criminal case is to avoid conviction, those who have already been convicted may seek to challenge it with an appeal.
Appellate courts in Florida generally won't overturn a conviction entirely, unless they find there was an abuse of discretion by the trial court that can't be held harmless. However, our Daytona criminal defense attorneys know there are often situations where sentences are reduced and other penalties lightened. Reasons can vary from a misinterpretation of the law to an improper denial of motion to suppress to just a general lack of evidence supporting the charges.
In the recent appeal of Crew v. Florida, the Fifth District Court of Appeals, which oversees Daytona, tossed a murder conviction and remanded the case back to trial court for numerous inappropriate character statements made by the prosecutor against the defendant during closing arguments. The trial court's declination to mitigate the effect of those statements unfairly prejudiced the defendant, according to the justices.