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  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
  • STATE OF FLORIDA vs. SNELL, THOMAS MATTHEWFELONY document preview
						
                                

Preview

Filing # 171100830 E-Filed 04/17/2023 08:46:23 AM 1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND 2 FOR OSCEOLA COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION 3 STATE OF FLORIDA, 4 Plaintiff, 5 CASE NO.: 49-2021-CF-1992-OS vs. 6 DIVISION NO.: 11-A THOMAS MATTHEW SNELL, 7 Defendant./ 8 9 SENTENCING HEARING 10 BEFORE 11 THE HONORABLE TOM YOUNG 12 13 Judge Jon B. Morgan Courthouse Courtroom 5-C 14 Kissimmee, Florida 34741 February 2, 2023 15 Stenographically reported 16 17 A P P E A R A N C E S: 18 JUSTIN COLLINS, ESQUIRE Office of the State Attorney 19 2 Courthouse Square Suite 3500 20 Kissimmee, Florida 34741 On behalf of the State 21 ALESHA SMITH, ESQUIRE 22 Office of the Public Defender 2 Courthouse Square 23 Suite 1600 Kissimmee, Florida 34741 24 On behalf of the Defendant 25 Ninth Judicial Circuit Court Reporting Services 2 1 - - - 2 P R O C E E D I N G S 3 (February 2, 2023; 11:40 a.m.) 4 THE COURT: All right. We'll go on the record in 5 Mr. Snell's case. That's 2021-CF-1992. 6 Appearance for the State, please? 7 MR. COLLINS: Justin Collins on behalf of the 8 State of Florida, Your Honor. 9 THE COURT: And for Mr. Snell? 10 MS. SMITH: Alesha Smith on behalf of Mr. Snell. 11 THE COURT: And the record should reflect that 12 Mr. Snell is seated at counsel table with Ms. Smith. 13 Do you have a scoresheet? 14 MR. COLLINS: I do, Your Honor. I also have a 15 copy for defense, but I think they already have a copy. 16 THE COURT: Okay. Have you seen it, Ms. Smith? 17 MS. SMITH: Yes, Judge, I do have one, but I'll 18 take the supplemental one. 19 THE COURT: Okay. Go ahead -- take a moment to 20 do -- 21 MS. SMITH: The numbers match. 22 THE COURT: Okay. Great. 23 So the total points are 105.4, with the lowest 24 permissible sentence of 58.05 months. 25 Is there any objection or correction to the Ninth Judicial Circuit Court Reporting Services 3 1 scoresheet, Ms. Smith? 2 MS. SMITH: No, Judge, not based off the scored 3 offenses. 4 THE COURT: State, do you have any evidence of 5 aggravation you wish to present today? 6 MR. COLLINS: No, Your Honor. I would just also 7 remind the Court this does carry a minimum-mandatory 8 and a mandatory fine as well. 9 THE COURT: Is the fine 50? 10 MR. COLLINS: It's $100,000, Your Honor. 11 THE COURT: Okay. A mandatory 100? Okay. 12 MR. COLLINS: Yeah. It uses the language "shall." 13 THE COURT: Yeah. I know it's mandatory. I just 14 couldn't remember the amount. And it's a seven-year 15 mandatory minimum, correct? 16 MR. COLLINS: Correct, Your Honor. 17 THE COURT: Ms. Smith, do you have any evidence of 18 mitigation that you wish to present other than 19 Mr. Snell's allocution? 20 MS. SMITH: Yes, Judge. His daughter, Ms. Romero, 21 would like to testify. 22 THE COURT: Okay. You can call your first witness 23 then. 24 MS. SMITH: Defense would call Angela [sic] 25 Romero. Ninth Judicial Circuit Court Reporting Services 4 1 THE COURT: Okay. Come on up, please. 2 COURT DEPUTY: Just stand at the podium and raise 3 your right hand to be sworn. 4 THE CLERK: Do you solemnly swear or affirm that 5 the testimony you're about to enter in this case will 6 be the truth, the whole truth, and nothing but the 7 truth, so help you God? 8 THE WITNESS: Yes. 9 THE COURT: All right. Thank you, ma'am. I'll 10 let you testify right there, if you wish. But we're 11 being recorded by a digital court reporter, so I need 12 you to speak up, please. 13 Would you state your name and spell it? 14 THE WITNESS: My name is Amanda Romero. Amanda, 15 A-m-a-n-d-a. Romero, R-o-m-e-r-o. 16 THE COURT: Thank you. And your relationship to 17 Mr. Snell? 18 THE WITNESS: He is my stepfather. 19 THE COURT: Okay. Tell me what you would like to 20 have me consider with regard to the issue of 21 sentencing. 22 THE WITNESS: I want to tell you about his 23 character as a person because, um, he can't have any 24 children of his own, so it's hard for him to -- it's 25 hard for him to not be selfless. Ninth Judicial Circuit Court Reporting Services 5 1 I've known him since I was 13 years old, and he's 2 been there for me in ways that my mother never was. I 3 don't have my father anymore, but he has been there the 4 best that he can as a father. And he's the only 5 grandfather that my three children have, and without 6 him there will be no male figure in my children's life. 7 But it doesn't matter what he has went through in this 8 last year and a half with this case. He's never 9 forgotten about me and my children. 10 So I just want you to take into consideration that 11 he really doesn't have anything to live for, and 12 sometimes he gets himself put in these situations 13 because he's trying to help the people around him. 14 He's never done anything for him. It's always for 15 the people around him. And so I'm here today to speak 16 for him because nobody else has. And that's all I have 17 to say. 18 THE COURT: All right. Thank you. 19 How old are you children? 20 THE WITNESS: My children -- my twins are two, 21 going on three in June, and my daughter is going to be 22 four in weeks. 23 THE COURT: Okay. Excellent. Thank you. 24 THE WITNESS: Thank you. 25 THE COURT: Is there anyone else, Ms. Smith? Ninth Judicial Circuit Court Reporting Services 6 1 MS. SMITH: No, Judge. 2 THE COURT: Okay. Mr. Snell, you're entitled to 3 address the Court. Anything you wish to say, now is 4 your opportunity to say it, sir. 5 THE DEFENDANT: Um, I believe in the system, and I 6 believe this would be made right in the appellate 7 courts. That's -- 8 THE COURT: Okay. Thank you, Mr. Snell. 9 All right. So the mandatory minimum is more than 10 the lowest permissible sentence. Absent aggravating 11 circumstances, um, or something that catches my 12 attention in a trial, I typically believe that the 13 scoresheet is the sentence that should be given 14 strongly because there's a formula and smarter people 15 than me, with regard to sentencing at least, that have 16 created a -- a system that projects what an appropriate 17 sentence is. And so in normal circumstances, that's 18 the sentence I would impose. 19 But the legislature has created a mandatory 20 minimum that exceeds this, and so I have no 21 jurisdiction to depart from that. So I'm going to 22 sentence you, Mr. Snell, to the lowest I'm lawfully 23 able to sentence you, which is seven years in the 24 Department of Corrections. That is, unfortunately, a 25 day-for-day, so there's no opportunity for gain time. Ninth Judicial Circuit Court Reporting Services 7 1 If there's an upside, it's that Ms. Romero's 2 children will still be relatively young, and I 3 appreciate her being here on your behalf today. 4 There is the mandatory fine of $100,000, 5 unfortunately, so I have to impose that. 6 MS. SMITH: Can the Court reduce that to a civil 7 judgment? 8 THE COURT: Yeah, I will reduce that to a civil 9 judgment. I mean, there are downsides to doing that, 10 as well, in that it begins accruing interest and it's a 11 judgment. But that is what it is. The legislature 12 created that fine, so I have no discretion there. Um, 13 I'll reduce that to civil judgment. 14 I'm not going to reduce your court costs and all 15 of this to civil judgment, because that also would 16 start earning interest, and then that would become an 17 issue for you. So I'm going to impose the court costs 18 of $421. There's a drug surcharge of $350, a cost of 19 prosecution of $100, a cost of public defender lien of 20 $100, a public defender application fee of $50. 21 I will give you three years from the date of your 22 release to pay that. If you fail to pay it, it will 23 affect your driving privileges. 24 Yes, sir? 25 THE DEFENDANT: I do have one question. Um, it's Ninth Judicial Circuit Court Reporting Services 8 1 minor. From the start, I paid the $50 public defender 2 fee once. 3 THE COURT: Then that -- then that will -- it will 4 reflect -- 5 THE DEFENDANT: They charged me twice because I -- 6 my public defender was -- the first time I applied for 7 it, for some reason, I was rejected. And then it was a 8 mistake. They redid it, but they charged me twice. I 9 already paid it once. 10 THE COURT: Every time you apply, there's a fee. 11 Do you know why he had to reapply? 12 THE DEFENDANT: He said I made more than the -- 13 more than the income, but I only made, like, $20,000, 14 so it was a mistake. So he redid it. He told me it 15 would get worked out in court. I know it's a minor 16 issue, but ... 17 THE COURT: Well, 50 bucks is 50 bucks. 18 MS. SMITH: If it was assessed, I'm -- Benchmark 19 is loading, Judge. If it was assessed twice, the 20 public defender's office will waive one of those fees. 21 THE COURT: I'm just curious now, but the 22 technology is not cooperating. 23 MS. SMITH: He applied and was deemed not indigent 24 by the clerks. And then after arraignment, we were 25 reappointed, and he paid the public defender fee the Ninth Judicial Circuit Court Reporting Services 9 1 same day that we were reappointed. 2 UNIDENTIFIED SPEAKER: Do you know 3 (indiscernible)? 4 MS. SMITH: Line 10 is where he was deemed not 5 indigent, line 23 is where we were appointed, and line 6 27 is where he paid. 7 THE COURT: He also had a motor -- a car that 8 disqualified him. That's probably what disqualified 9 you was the motor vehicle, because your wages, I don't 10 think, would have disqualified you. 11 And then on the second time, there was no motor 12 vehicle listed. 13 THE DEFENDANT: I mean, I -- I did break my truck 14 during the incident, so I had no motor vehicle 15 (indiscernible). 16 THE COURT: Okay. All right. So I'll -- I'll 17 impose only one, and the records already reflect that 18 that's paid, so we'll impose only the one 50-dollar 19 fee, Madam Clerk. 20 All right. Are there any other surcharges or 21 costs that I've not announced? 22 THE CLERK: No, there's not. 23 THE COURT: All right. And how much credit for 24 time served does Mr. Snell have? 25 THE CLERK: Sixty-three days. Ninth Judicial Circuit Court Reporting Services 10 1 THE COURT: All right. So you have credit for 63 2 days. 3 Ms. Smith, is there anything I've overlooked? 4 MS. SMITH: No, Judge. I do have the public 5 defender application for purposes of appeal, if the 6 Court would sign that. 7 THE COURT: Yes, I'll -- I'll do that. 8 MS. SMITH: But in terms of the sentence, no. 9 THE COURT: Okay. Mr. Collins, is there anything 10 I need to address that I haven't addressed? 11 MR. COLLINS: Not from the State, Your Honor. 12 THE COURT: All right. Thank you. 13 Mr. Snell, you do have the right to appeal. Any 14 notice of appeal has to be filed within 30 days of 15 today's date. The Court is going to appoint today the 16 public defender to represent you in that appeal. All 17 right? Take care of yourself and good luck. 18 And, Ms. Romero, thank you again for coming today 19 for Mr. Snell. Okay? 20 All right. Everybody take care. 21 THE DEFENDANT: How do I -- how do I file that 22 appeal? 23 MS. SMITH: You just sign the form. That's all 24 you do. 25 THE DEFENDANT: All right. That's what I do? Ninth Judicial Circuit Court Reporting Services 11 1 Okay. All right. 2 THE COURT: Yeah. I -- I will assign the order 3 appointing the appellate lawyer as soon as they pass it 4 over to me. 5 All right. We'll go off the record. 6 (These proceedings concluded at 11:53 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ninth Judicial Circuit Court Reporting Services 12 1 C E R T I F I C A T E 2 STATE OF FLORIDA: 3 COUNTY OF OSCEOLA: 4 I, Julie P. Sullivan, CRC, RPR, Official Court Reporter 5 of the Ninth Judicial Circuit of Florida, do hereby certify, 6 pursuant to Florida Statute 29, that I was authorized to and 7 did transcribe in stenographic shorthand the foregoing 8 proceedings from a digital recording to the best of my 9 ability, and that thereafter my stenographic shorthand notes 10 were transcribed to typewritten form by the process of 11 computer-aided transcription, and that the foregoing pages 12 contain a true and correct transcription of my shorthand 13 notes taken therein. 14 15 Signed this 14th day of April 2023, in the City of 16 Kissimmee, County of Osceola, State of Florida. 17 18 19 20 /s/Julie Sullivan, CRC, RPR Julie Sullivan, CRC, RPR 21 Official Court Reporter 22 23 24 25 Ninth Judicial Circuit Court Reporting Services