A man initially sentenced to the maximum 30 years in prison for his conviction on a sexual battery must be sentenced again, a Florida court ruled this month. Percy Torres will now face between nine and 30 years in state prison when he is sentenced again in this Jacksonville Sex Crimes, Case, according to a report in the Florida Times-Union. Torres was charged with capital sexual battery for allegedly ripping a woman’s clothes off and forcing her to have sex with him after they had drinks at a Jacksonville bar, the newspaper reported. But a key to Torres’ defense was that the sex was consensual and, to that point, Torres said he had consensual sex with her before, had been dating her and was dancing with her at the bar before the alleged incident, the newspaper reported.
The judge admonished Torres, who is married, for his infidelity in imposing the sentence and that’s where the higher court found an issue, the newspaper reported. Torres’ marital status should not have been a factor in the sentencing and now a different judge will sentence him in this Jacksonville Sex Crimes Case. Judges each bring their own set of values and opinions to the bench – they are humans and have their own life experiences that guide their decisions. And people’s opinions on judges’ sentences can often sway based on their desired outcome. One minute people are blasting minimum mandatory sentences for taking the power out of the judge’s hands, but once they don’t like what the judge says, they think the judge has too much power. This Jacksonville Sex Crimes Case, though, is a prime example of how precise the rules and procedures are in criminal law and how even a slight misstep can be recognized by a higher court and force a second look at a case. Convictions and sentences can be reversed when there are issues with the instructions read to a jury before it deliberates, when a judge makes an incorrect decision on whether to allow certain testimony or even when a witness says something in front of the jury that goes beyond the scope of where he or she is an expert.
In every criminal case, including Jacksonville Sex Crimes Cases, our Jacksonville Criminal Defense Attorney will comb through all of the evidence to make sure police and prosecutors followed the law in investigating the case. Many people often bemoan the “loopholes” in cases, similar to the one applied in reversing the sentence in this Jacksonville Sex Crimes Case, but when a person’s freedom is at stake, everything must be done by the book.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.