ESAS©® Results: Plea-bargains & Sentencing Hearings

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Charge(s) - Possession of a Firearm by a Convicted Felon, bifurcated from 2nd Degree Murder count

State - Offered 10 Years State Prison on the PFCF after defendant’s N.G. Verdict on Murder charge.

Defense  - Used   ESAS©®  to produce sentencing data (Precedent) reflecting the average plea-bargain for PFCF was between 12 months minimum and 18 months maximum.

Result - After reviewing   ESAS©® generated “Sentencing Precedent,” the lead prosecutor voluntarily agreed to reduce offer from 10 years to 18 Months State Prison.

Tax Payer savings in state prison costs: $185, 200*

Charge(s) & Trial Results - Guilty of Racketeering and Organized Fraud, Not-guilty of 1st Degree Arson

Sentencing Range - 3 years minimum to 35 years maximum

State's Position - The CPC Maximum: 35 Years State Prison

Defenses's Position  - The CPC Minimum: 3 years State Prison

Result – After reviewing  ESAS©®  generated “Sentencing Precedent,” the Judge Sentenced client to 7 Years State Prison (a 28 year difference) over the state’s vehement objection

Tax Payer savings in state prison costs: $608,800*

Charge(s) – Grand Theft

Sentencing Range – 5 years minimum ___ years Maximum (Not-Specified by Attorney)

State's Position – Bottom of the Criminal Penalty Code (C.P.C.) = 5 years Florida State Prison

Defense’s Position – Prior to making any counter offer, defense counsel conducted an  ESAS©® analysis and “found she would have received the highest sentence (in the 13th Circuit) for a Grand Theft"'.
Result - After reviewing  ESAS©® generated “Sentencing Precedent", and a lot of motions, the State came back with 2 offers: 2 years Community Control followed by 1 year probation OR 5 years’ probation. Client took 2 years C.C. followed by 1 year probation.”

Tax Payer savings in state prison costs: $21,700*

Charge(s) - Ten 2nd Degree Felony Counts Carrying 15 years each

Sentencing Range - 10 years minimum to 150 years maximum

State's Position – State Prison in excess of 6 years, Opposed Downward Any Departure 

Defense's Position – No State Prison, Downward Departure & Youthful Offender Program (YOP) Sanctions

Result - After reviewing  ESAS©®  generated “Sentencing Precedent,” the judge sentenced client as a Youthful Offender: 2 Years, Incarceration, 2 Years Community Control, 2 Years Probation. The presiding judges articulated on the record that said sentence was imposed “over the state’s objection.” 

Tax Payer savings in state prison costs: $173,900*

Charge(s) – Two (2) Counts of Grand Theft +$100K

Sentencing Range – 1.8 years minimum to 30 years maximum

State's Position – 7 Years State Prison 

Defense’s Position – Probation
Result - After reviewing  ESAS©® generated “Sentencing Precedent,” the judge sentenced client to 22 months Florida State Prison. Defense Counsel, a Board Certified Criminal Trial Attorney, commented: “Thanks for the data. It was very useful. The judge “discussed the data so it obviously had an impact. I do believe the data helped.” 

Tax Payer savings in state prison costs: $112,800*

Grand Total Tax Payer Savings: $1,102,400

*According to the OPPAGA's (Office of Program Policy and Government's) 2019 report on Florida Correctional Facilities, "the per diem of all FDC institutions, excluding private prisons, for Fiscal Year 2017-18, the most recent year available was $59.57." The per diem includes costs related to operations, health, education, and substance abuse.  http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1908rpt.pdf 

Letter from Trial Attorney Brice Aikens - Orlando

Letter from Trial Attorney Barry Wax - Miami

Letter from Trial Attorney Mitch Stone - Jacksonville

Letter from Elected Public Defender Julie Holt -Tampa

Letter from Chief Judge Charles Williams - Sarasota

Letter from U.F. Law Professor Kenneth Nunn - Gainesville