Ronald Cummings, drug trafficking charges

[lonetraveler]

I'm sure Ron wrote this letter with Shoemaker's help. There is no way Ron could have done the research on this.
I've had a bad feeling about his appeal for awhile. I think Ron's going to slide through the bars of justice.

Sadly, I have to agree with you 4 Jacy. I've been afraid of this since he was sentenced. He has a reputation for being the slicky el.

 

[Bathbuddys]

12/29/2010 60 MOTION TO CORRECT ILLEGAL SENTENCE

Date of this motion is 12 days ago. On a Wednesday, day before NY's Eve. Between the holidays. I suppose we may not be able to tell what day it was actually posted to the on-line docket list? All we know is that the info hit this thread on Sunday 1/9.

Per docket, Ron's case status is now "reopened case". It does set the mind flying, given there was approximately one business week between filing and Misty's hearing. IMO, agreeing it is a coincidence that looks non-coincidental. If you know what I mean.

I also wonder what the statue of limitations is on "illegal sentencing motions" because the time frame of this particular motion is approx. 90 days from sentencing...

Did PC have the larger charges for Misty? I can't remember offhand...

If this is a chess game, and their is a strategy to "he who is scheduled last for sentencing", then it's interesting how Misty's sentencing hearing was postponed for 3 months, Ron could think about that, then Ron's sentencing happened, Misty could think about that, then Lisa, Hank, WBG and Nay get arrested/sentenced, then Ron's sentence is appealed just as Misty's sentencing happens, so Misty can think about that.

Then again, it might not be a chess game, it might not be the wheels of justice and investigative strategy ... it might just be ... what it is. The slow, sad circle of life of crime and punishment that is Haleigh's Satsuma gang.

I don't know what to think anymore; it's difficult to feel hopeful. But I'll be here for Haleigh.

Setting my alarm for sentencing hearing time. See ya then.

They did this same thing for Misty a little while back it is a law that they have the right to file this a normall procedure as they think the punishment is worse than the crime and most people with these type of charges dont spend near as much time as they got for it. I happen to agree with this.

 

[bessie]

Bessie, there is a big difference between a Motion and an Appeal. The Motion filed by Mr. Cummings is going to be heard by the same court, and likely the same judge, that he alleges to have imposed an illegal sentence in his case.

An Appeal is heard by a higher court or tribunal. My point was and is that, if meritorious, the nature of Mr. Cummings’ allegations would seem to have been better served had they been brought to a higher court through an Appeal, rather than the same court against whom he alleges wrong doing through a Motion.

You posted the grounds and time limitations from Florida 3.850 for a MOTION, however, an Appeal has a much shorter time frame to be filed pursuant to Florida 9.140.



The filing of an appeal does appear to be, now, unavailable to Mr. Cummings.

Papa, I assure you, I know the difference between a motion and an appeal, and there is more than one type of appeal. Appeals are not always heard by a higher court. Collateral appeals are heard in the court where the action originated (court of first instance). What you refer to as "an appeal" is a direct appeal of a sentence. Ron declined to exercise that option, and you're correct, it is no longer available to him, as the time for filing has expired.

Instead, Ron has opted to file for post conviction relief, or collateral review under 3.800, 3.850. The motion is an instrument, or action, to start the process. I stated that pretty clearly in a previous post. At any rate, it seems to boil down to semantics.

 

[bessie]

Bessie, I am not certain. I am only going on what facts I have and one fact I do not have is who the main prosecutor was for Ron's charges. I think it was Lewis, but his status at the time is still a question for me. I will admit I am giving the benefit of the doubt in this issue to Putnam County Court and the SA's office there, as I find it a stretch to believe they would make a jurisdictional error of this sort. However, courts do err, and prosecutors do err, so it is possible that they did exactly that.

I was able to find Motions filed by others where the inmate prevailed. However, a decision covers what the Motion asserts as well as all the facts of the matter--IOW, it provides details that we do not have yet in Ron's case so I am not yet willing to jump to the conclusion that because others have won, Ron will win.

With the limited information I have, I do not see that Ron stands a chance. In time, more information may become available that may change my view on that.

Fair enough. We're looking at opposite sides of the coin. \

Lewis was the prosecutor and an ASA as of January, 2010. The question might be whether he was serving a dual role as ASA and assistant statewide prosecutor in the interim during which a replacement was sought for the position in the OSP. The other possibility is that another party from the OSP played a key role in assisting the prosecution and drawing up the terms of the plea agreement. These guys keep low profiles, so we wouldn't necessarily know his name, though I still say there was a second prosecutor mentioned in association with the plea deal. But if there was, I can't find a trace of him now. :loser:

 

[Donjeta]

They did this same thing for Misty a little while back it is a law that they have the right to file this a normall procedure as they think the punishment is worse than the crime and most people with these type of charges dont spend near as much time as they got for it. I happen to agree with this.

I thought they all got the minimum mandatory for their remaining charges, except Tommy?

 

[Chablis]

So what is his goal here? To get his cases reopened and given more time so he does not have to honor his plea deal with the state?

 

[krkrjx]

Ron should hang some pictures on his cell wall and settle in. His motion was denied.

Next step for him will probably be to appeal this denial so don't be surprised when that happens.

====================

Details:

UCN: 542010CF000145XXAXMX
File Date: 01/21/2010
Judge: TERRY J LARUE
Case Status: CASE CLOSED
Defense Atty: SHOEMAKER, TERRY J
Case File Location: CRIMINAL DIVISION

Defendant: CUMMINGS, RONALD LEMYLES
Alias: No Alias Records

(snipped)

12/29/2010 60 MOTION TO CORRECT ILLEGAL SENTENCE

02/01/2011 61 ORDER DENYING MOTION TO CORRECT ILLEGAL SENTENCE

 

[Kimster]

Ron should hang some pictures on his cell wall and settle in. His motion was denied.

Next step for him will probably be to appeal this denial so don't be surprised when that happens.

====================

Details:

UCN: 542010CF000145XXAXMX
File Date: 01/21/2010
Judge: TERRY J LARUE
Case Status: CASE CLOSED
Defense Atty: SHOEMAKER, TERRY J
Case File Location: CRIMINAL DIVISION

Defendant: CUMMINGS, RONALD LEMYLES
Alias: No Alias Records

(snipped)

12/29/2010 60 MOTION TO CORRECT ILLEGAL SENTENCE

02/01/2011 61 ORDER DENYING MOTION TO CORRECT ILLEGAL SENTENCE

:boohoo:

Thank you for the update! It was good news! :tyou:

 

[Emma Peel]

Oh my.
Would it be in poor taste to laugh?
:innocent:


TY krkrjx! :highfive:

 

[krkrjx]

Oh my.
Would it be in poor taste to laugh?
:innocent:


TY krkrjx! :highfive:

It would.

But I did it anyway.

 

[krkrjx]

FYI for anyone still interested in the players...Ron has appealed. Just waiting to see if TS filed for him or if Ron filed pro se. That will show on the appellate court dockets when they update.

 

[Chablis]

FYI for anyone still interested in the players...Ron has appealed. Just waiting to see if TS filed for him or if Ron filed pro se. That will show on the appellate court dockets when they update.

Hes appealing his cases, where he took a deal. Good luck with that Ron!:rocker:

 

[4Jacy]

Hes appealing his cases, where he took a deal. Good luck with that Ron!:rocker:

I hope he gets his hopes up really high, just to have them shot down. :great:

 

[twall]

What is he appealing?

Is he appealing the court's ORDER DENYING MOTION TO CORRECT ILLEGAL SENTENCE?

He pled guilty to the 3 trafficking charges-the way I understand it is if you pled guilty you could not appeal-is that correct?

 

[twall]

FYI for anyone still interested in the players...Ron has appealed. Just waiting to see if TS filed for him or if Ron filed pro se. That will show on the appellate court dockets when they update.

Ron filed pro se.
The docket is now available.

Fifth District Court of Appeal Case Docket

Case Number: 5D11-813

Final Criminal 3.800 Notice from Putnam County

RONALD CUMMINGS vs. STATE OF FLORIDA

Lower Tribunal Case(s): 10-145-CF-52, 10-146-CF-52, 10-253-CF-52

Date Docketed Description Date Due Filed By Notes
03/11/2011 Notice of Appeal Filed Pro Se - Appellant
03/11/2011 REC-3.800 SUMM DENIAL

http://199.242.69.70/pls/ds/ds_docket_search?pscourt=5

 

[Chablis]

I hope they grant the appeal, take the deal off the table and convict him and send him away for 100 years.

 

[krkrjx]

Here is a blurb from a FL appeals court decision in an unrelated case, where appellant negotiated a sentence through a plea bargain, then later appealed the negotiated sentence.

We hold that Appellant's motion is without merit on both substantive and procedural grounds. To allow Appellant to accept the benefits of a plea bargain, and then years later collaterally attack his own negotiated sentence, would seriously compromise finality, discourage the use of negotiated pleas in the trial courts, deplete judicial resources, and “discourage the state from entering into future plea bargains with other defendants.”

You can read the entire decision at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1520218.html

 

[dodie20]

I'm really surprised an appeal would be allowed, in a case where a deal was struck. That doesn't make a lick of sense. IMO, he took what he could get to avoid a really long sentence, but now he wants less time. Obviously, him appealing doesn't void the deal, so he doesn't have much to worry about. 15 years is the most he can get, & who knows...he might get lucky. Gosh, this really should void his deal. That's biting the hand that feeds him...unless there's something going on we don't know about. Those recent statements from LE about family not being truthful, might be for a direct reason, & he might be backed into a corner. His deal does require him to be truthful, afterall. MOO.

 

[LotsaLatte]

I wish he'd quit wasting tax dollars.

 

[Flossie JMO]

God bless him. I hope he gets out soon.