Aggravated Battery F.S. 784.045(1)(a) — 18th Judicial Circuit, Seminole County — Appeal Window Open
Marquis Delcampo was convicted of Aggravated Battery under Florida Statute 784.045(1)(a). The sentencing judge imposed 20 years of imprisonment on this charge. The statutory maximum for F.S. 784.045(1)(a) is 15 years.
The defendant was sentenced to a term 33% beyond what Florida law explicitly permits. This constitutes a facially illegal sentence and is reversible error on appeal — the most legally airtight ground in the case.
Aggravated Battery is classified as a Second Degree Felony under Florida law. Under F.S. 775.082(3)(d), the maximum penalty for a Second Degree Felony is 15 years. No enhancement has been identified that would justify 20 years. The sentence is illegal on its face.
Beyond the sentencing error, this case contains four additional documented failures that, individually or together, support reversal or new trial motions at the appellate level.
Reversible error. F.S. 784.045(1)(a) max = 15 years. Sentence = 20 years.
Identification procedure conducted in Spanish. Witness not fluent. Protocol violated. Eyewitness testimony must be challenged.
Cameras at 1370 E Altamonte Dr recorded incident timeframe. Not disclosed to defense. Potential Brady violation.
Material contradictions between initial statements and trial testimony not adequately raised during proceedings.
Incident in Uber vehicle. Uber corporate duty of care and alternative liability never explored in defense strategy.
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