I'm not sure if this applies to convictions in Florida, but in a recent case in South Carolina (the Heather Elvis kidnapping trial), both of the convicted defendants (husband/wife) were given one year from conviction to give up information that would lead to the whereabouts of presumed-dead Heather Elvis.....in exchange for some leniency. I believe Tammy's year has now expired, but Sidney has nearly a year left.
If anyone watched that trial and researched this fairly new law, please chime in!
Sorry, it's only a South Carolina law that was referred to in that trial re rolling after Sentencing
Yes, I followed that trial and I was the person who posted the law that is only in South Carolina. I do not know if a similar one exists in Florida. Here is what I posted in that thread
GUILTY - Sidney Moorer RETRIAL for Kidnapping Heather Elvis, 9 Sept 2019 #4
"Code of Laws - Title 17 - Chapter 25 - Judgment And Execution
Code of Laws - Title 17 - Chapter 25 - Judgment And Execution
SECTION 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
(A) Upon the state's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided:
(1) substantial assistance in investigating or prosecuting another person; or
(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(B) Upon the state's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:
(1) information not known to the defendant until one year or more after sentencing;
(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;
(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or
(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.
(C) A motion made pursuant to this provision shall be filed by that circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.
HISTORY: 2010 Act No. 273, Section 13, eff June 2, 2010.
Last edited: Sep 20, 2019
ETA!!!! Move 5 posts forward and there is a similar section in the Florida Acts....