This week Florida’s 2nd District Court of Appeals reversed a sentence imposed by Hillsborough Circuit Judge Chet Tharpe in a criminal case involving 100 counts of possession of child pornography. Tampa Bay attorneys Frank De La Grana and Kenneth Siegel obtained an appellate victory on behalf of their client. Attorneys De La Grana and Siegel argued that Judge Tharpe committed fundamental error in the sentencing standard he applied. The 2nd DCA agreed and reversed the sentence stating that Judge Tharpe applied a “personal” general policy such as applied in Barnhill v. State (Judge Tharpe reversed in Barnhill as well) rather than following Florida law.
Opinion: Goldstein v. State