Legal Question in Criminal Law in Florida

Attempted Sexual Battery

My cousin was sentenced to three years in jail for attempted sexual battery.The attorney hired did not represent him, if anything he pushed him to agree to a plea agreement, stating it ''might be worst if this goes to trial''. In the deposition he justifies the so called victim's statements to police.He had a relationship with this stripper.But she also had a boyfriend. Around the time she alleges she was raped she was also pregnant.In the past he made statements to her stating that he does not want to be in a relationship with a stripper.

He(cousin) was coerced into submitting a confession, and his blood and DNA were collected with out his consent.He basically did not have any legal representation and is sitting in jail.He has thirty days to appeal this sentence.Can an appeal really extend the sentencing? I am not an attorney but I believe this is an illegal sentencing. The prosecutor used 794.011 (8)(B)/F to justify the sentencing along with STD, HIV testing, staying away from minors, and so forth even the judge asked ''is that necessary?'' Please help me.


Asked on 5/10/06, 3:09 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Attempted Sexual Battery

No you cant appeal the sentence of the plea for the reasons you set forth. The apppeal within 30 days is for collateral matters, which you do not have here.

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Answered on 5/10/06, 3:28 pm


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