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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
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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
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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.
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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.
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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?
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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.
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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
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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
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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.
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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?
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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.)
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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.
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15 Signed this 14th day of April 2023, in the City of
16 Kissimmee, County of Osceola, State of Florida.
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20 /s/Julie Sullivan, CRC, RPR
Julie Sullivan, CRC, RPR
21 Official Court Reporter
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