Ronald Cummings, drug trafficking charges

[lil momma]

I agree Chablis, if they had arrested RC at Annette's house a lot of people would have been hurt or killed. He is a man (if you want to call him that) that has no respect for anything or anybody. I wish we could find out what his behaviour has been like in prison. I have a feeling he's conning everyone around him.

4Jacy, BBM

ITA! I can tell you that i was listening to Levi's show from a few days ago, and happened to hear AH (take it FWIW ) make mention of Misty having a broken nose, but not because she was in a fight, but happened to be around when a fight happened between other inmates. I heard that Tommy has been beat up, at some point in time, since he has been in there...AND Ronald was also involved in a fight since he has been in jail.

So, IMO, it appears that the behavior is no different in jail then it was when they were on the outside. JMO

 

[Donjeta]

So what's going to happen if Ron gets his wish and the sentence gets declared illegal? IIRC they agreed to drop some of the charges and he pled guilty to the rest of them. Can he change his plea now and go to a trial?

If the charges stand as they are I don't see what he can hope to gain. He got the minimum mandatory as it is so if no other charges are dropped he can only get sentenced for more, not less. Or what am I missing?

 

[B4igo2it]

IDK - I am wondering if RC is looking for a loop hole so he can file an appeal. As it stands now, he cannot appeal becuz he agreed to a guilty plea. FWIW, just my :twocents:

 

[Nonni Brenda]

Ohhhhhh! Now don't you go and get me all excited now just to get my balloon popped later, LOL. Can Ronald withdraw this motion if he finds out that he made the wrong move?

Good question LT. I have no idea, but nothing will surprise me at this point.
Well maybe not...but look at who we are dealing with! What a roller coaster. Guess we'll just wait an see. :crazy:

 

[Concerned Papa]

So what's going to happen if Ron gets his wish and the sentence gets declared illegal? IIRC they agreed to drop some of the charges and he pled guilty to the rest of them. Can he change his plea now and go to a trial?

If the charges stand as they are I don't see what he can hope to gain. He got the minimum mandatory as it is so if no other charges are dropped he can only get sentenced for more, not less. Or what am I missing?

As usual, you are missing nothing my friend. The length of his sentence can travel in only one direction as a result of this action, and it is not downward.

In Mr. Cummings’ negotiated plea agreement, his two most serious charges were agreed to be nolle prosequi by the State. At around the 30 second mark of this video, Terry Shoemaker can be heard referencing these two charges in his outline to the judge.

http://www.firstcoastnews.com/video...Details+of+Ronald+Cummings'+Plea/591024107001

The entry of a nolle pros. is not an adjudication on the merits of the prosecution, and the legal protection against double jeopardy will not bar the charges from being brought again.

This Motion may very well redefine for Mr. Cummings the danger in the old adage of “looking a gift horse in the mouth”.

 

[dodie20]

Any video depicting a crime is acceptable evidence in court. Look how often convictions are obtained due to security tapes where a store is broken into, or nanny-cams where babysitters abuse infants.

did we ever see all the tapes? were they unretracted? because, I was thinking that there may have been more video evidence against him. I remember seeing him snitch & pop that pill, & wondered then if being a 'thief', would actually help him...by lowering the actual amount of dope he sold. Who knows...maybe there is video of him 'stealing' more?

 

[Chablis]

Well, I am happy because I always thought it was absolutely criminal he got a deal and two major charges shaved off, I am glad hes basically asking for more time! I think its obvious he cant honor his end of his plea deal, so instead of getting the two 25 year charges back for that, he will get it back because hes entering some absurd motion that potentially gets him more time, I mean did any of the jail house lawyers tell him that?

 

[bessie]

I hesitate to take as solid fact anything reported in a news media due to the high number of reporter errors we see these days. However, the statement I have bolded comes from a news article dated January 6, 2010. Now, IF that information is accurate, Lewis was no longer with the statewide prosector's office by the time our players were arrested on drug charges.

The way I am reading this, Lewis was a ASA with the 7th Judicial Circuit at the time of Ron's arrest on drug trafficking charges. As such, he was an appropriate prosecutor for Ron's charges.

What I believe Ron is asserting in his Motion is that since all his charges were in one county and did not span more than one county in a circuit, this prosecutor did not have legal jurisdiction. If that is in fact what Ron is claiming, he is wrong.

The questions I have are was a "statewide prosecutor" by any name involved in prosecution of any of the trafficking charges for any of our players at any time and if so, to what extent?

That's my next research project. I was too tired last night to dig any further. I seem to recall that a second prosecutor was mentioned somewhere among the many articles and discussions of Ron's sentence.

Without seeing the case documents and knowing all of the facts, I wouldn't dare venture to guess whether or not Ron's argument has merit. The law is rarely black and white.

From all of the reading I've done, I'm starting to understand the big picture and where Ron and co. fit in to it. I think I am, anyway. I do know there have been a lot of personnel changes and reorganization in the Florida attorney general's office in the past year or so.

 

[bessie]

So what's going to happen if Ron gets his wish and the sentence gets declared illegal? IIRC they agreed to drop some of the charges and he pled guilty to the rest of them. Can he change his plea now and go to a trial?

If the charges stand as they are I don't see what he can hope to gain. He got the minimum mandatory as it is so if no other charges are dropped he can only get sentenced for more, not less. Or what am I missing?

There's a very strong likelihood that the motion will be denied, and I'm pretty sure Ron knows that. But by filing the motion and having it denied, he establishes a basis for an appeal. It's step one in the process.

The appellate courts in this country are full of such motions from inmates desperate for a second chance. If you plead guilty to a crime and/or the evidence against you is outstanding, your only hope is to prove the trial court erred. Call foul and challenge the play. Sometimes one gets lucky, and his appeal is granted. Word spreads, and every inmate in the state with a case even remotely similar considers taking a shot. I don't know if that's what happened with Ron, but it's a possibility. What else does he have to do for the next 15 years?

As for the charges that were dropped, as Papa pointed out, it appears that they can be revisited. So, there is an element of risk involved. I guess the odds look good to Ron.

The appeal process is long and tedious, not to mention expensive for the state. That's where inmates have the advantage over crowded court systems. They have nothing but time, and if they do their own research and file their own paperwork, the cost is relatively small. Say a few years from now, Ron's appeal is granted. What are the chances that the state will resurrect the dropped charges? I'd say they're pretty slim.

 

[Concerned Papa]

There's a very strong likelihood that the motion will be denied, and I'm pretty sure Ron knows that. But by filing the motion and having it denied, he establishes a basis for an appeal. It's step one in the process.

The appellate courts in this country are full of such motions from inmates desperate for a second chance. If you plead guilty to a crime and/or the evidence against you is outstanding, your only hope is to prove the trial court erred. Call foul and challenge the play. Sometimes one gets lucky, and his appeal is granted. Word spreads, and every inmate in the state with a case even remotely similar considers taking a shot. I don't know if that's what happened with Ron, but it's a possibility. What else does he have to do for the next 15 years?

As for the charges that were dropped, as Papa pointed out, it appears that they can be revisited. So, there is an element of risk involved. I guess the odds look good to Ron.

The appeal process is long and tedious, not to mention expensive for the state. That's where inmates have the advantage over crowded court systems. They have nothing but time, and if they do their own research and file their own paperwork, the cost is relatively small. Say a few years from now, Ron's appeal is granted. What are the chances that the state will resurrect the dropped charges? I'd say they're pretty slim.

Bessie, I don't believe he presently has the option of filing an appeal.

According to Florida Rules of Appellate Procedure Rule 9.140, a defendant may not appeal from a guilty or nolo contendere plea except under very few specific instances, one of which would be an unlawful sentence. This Motion actually appears to be really making a claim of an "unlawful" sentence - not an "illegal" sentence defined by Rule 3.800, and Florida case law. Consequently, the challenge should have been brought by a direct appeal of his sentence, not in a Motion to Correct Illegal Sentence.

However, the filing of an appeal is apparently, now, unavailable to Mr. Cummings, as it is time barred. A defendant must file the notice prescribed by rule 9.110(d) between rendition of a final judgment and 30 days following rendition of a written order imposing sentence.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

 

[Emma Peel]

My gut tells me not to worry about it.
If it was an motion with merit, why woudn't Shoemaker have done it for Ron?

I could be wrong, but the big picture is ... if Ron really had a case, he'd have called Shoemaker. Shoemaker would have followed through.

I think it's a jailhouse lawyer dance. Ron's "famous". Someone in there is doing him a "favor". ... JMHO

 

[bessie]

Bessie, I don't believe he presently has the option of filing an appeal.

According to Florida Rules of Appellate Procedure Rule 9.140, a defendant may not appeal from a guilty or nolo contendere plea except under very few specific instances, one of which would be an unlawful sentence.

I'm not so sure about that, Papa.

[FONT=&quot]RULE 9.140 APPEAL PROCEEDINGS IN CRIMINAL CASES[/FONT]
[FONT=&quot](a) Applicability. Appeal proceedings in criminal cases shall be as in civil cases except as modified by this rule.[/FONT]
[FONT=&quot](b) Appeals by Defendant.[/FONT]

[FONT=&quot]2) Guilty or Nolo Contendere Pleas. [/FONT]
[FONT=&quot](A) Pleas. A defendant may not appeal from a guilty or nolo contendere plea except as follows: [/FONT][FONT=&quot]
[/FONT]

[FONT=&quot](i) Reservation of Right to Appeal. A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.[/FONT]
[FONT=&quot](ii) Appeals Otherwise Allowed. A defendant who pleads guilty or nolo contendere may otherwise directly appeal only[/FONT]
​

[FONT=&quot]a. the lower tribunal's lack of[/FONT] subject matter jurisdiction;[FONT=&quot]
b. a violation of the plea agreement, if preserved by a motion to withdraw plea;[/FONT]
[FONT=&quot] c. an involuntary plea, if preserved by a motion to withdraw plea; [/FONT]
[FONT=&quot] d. a sentencing error, if preserved; o[/FONT][FONT=&quot]r
e. as otherwise provided by law.[/FONT]
​

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

This Motion actually appears to be really making a claim of an "unlawful" sentence - not an "illegal" sentence defined by Rule 3.800, and Florida case law.

Florida Rules of Criminal Procedure
​

3.800. Correction, Reduction and Modification of Sentences

(a) Correction. A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, or a sentence that does not grant proper credit for time served when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief...

Florida Rules of Criminal Procedure
​

3.850. Motion to Vacate, Set Aside or Correct Sentence

(a) Grounds for Motion. The following grounds may be claims for relief from judgment or release from custody by a person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida:

(1) The judgment was entered or sentence was imposed in violation of the Constitution or laws of the United States or the State of Florida.

(2) The court did not have jurisdiction to enter the judgment.

(3) The court did not have jurisdiction to impose the sentence.

(4) The sentence exceeded the maximum authorized by law.

(5) The plea was involuntary.

(6) The judgment or sentence is otherwise subject to collateral attack.

(b) Time Limitations. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case or more than 1 year after the judgment and sentence become final in a capital case in which a death sentence has been imposed unless it alleges that...

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

Consequently, the challenge should have been brought by a direct appeal of his sentence, not in a Motion to Correct Illegal Sentence.

However, the filing of an appeal is apparently, now, unavailable to Mr. Cummings, as it is time barred. A defendant must file the notice prescribed by rule 9.110(d) between rendition of a final judgment and 30 days following rendition of a written order imposing sentence.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

Do you have a reference that distinguishes "unlawful" from "illegal" within the context of the Florida law and this issue?

I'd say procedurally, Ron's okay. The circuit court can correct the sentence, but ultimately it likely will be up to an appellate court to decide 1) whether the motion was filed timely and correctly within the applicable subdivisions of the law; and 2) the merit of his argument, i.e., whether or not the court who convicted and sentenced Ron had subject matter jurisdiction providing the authority to do so.

Further reading:
http://www.criminaldefenseattorneytampa.com/PracticeAreas/PostConviction.aspx
http://www.law.fsu.edu/library/flsupct/sc95707/95707b.pdf



Now I'm interested in understanding the possible remedies to correct the sentence if the motion is approved.

 

[bessie]

My gut tells me not to worry about it.
If it was an motion with merit, why woudn't Shoemaker have done it for Ron?

I could be wrong, but the big picture is ... if Ron really had a case, he'd have called Shoemaker. Shoemaker would have followed through.

I think it's a jailhouse lawyer dance. Ron's "famous". Someone in there is doing him a "favor". ... JMHO

Or TN's been reading one of the forums where families and friends of inmates share their personal knowledge and experience with finding legal relief for their incarcerated loved ones.

If there is merit to Ron's argument, I, too, think Shoemaker would've been aware of it, and the matter noted and preserved for later review. But you just never know. Read some case histories and you'll find a thousand variations of the same issue, and as many interpretations by appeal judges. At this point, however, it looks like a longshot.

 

[krkrjx]

Would any one of us--if we found ourselves in Ron's current situation--not try anything we could think of to reduce our sentence?

ETA: Thanks for all your helpful research, Bessie.

 

[bessie]

Would any one of us--if we found ourselves in Ron's current situation--not try anything we could think of to reduce our sentence?

ETA: Thanks for all your helpful research, Bessie.

I've been thinking about that, krkrjx. In his situation facing the same charges, I'd be doing exactly the same thing. No matter how remote the chances of being granted relief, for my own sanity, I'd have to keep focused on the fight for freedom. Otherwise, my spirit would be sucked out of me, and I'd just shrivel up and wither away.

 

[Concerned Papa]

Bessie, I don't believe he presently has the option of filing an appeal.

I'm not so sure about that, Papa.

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 defendant shall file the notice prescribed by rule 9.110(d) with the clerk of the lower tribunal at any time between rendition of a final judgment and 30 days following rendition of a written order imposing sentence. Copies shall be served on the state attorney and attorney general.

http://floridarulesofappellateprocedure.com/rules/2009/08/rule-9140-appeal-proceedings-i.php

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

 

[krkrjx]

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.

This is correct. Ron has no option to appeal at this time. However, this Motion could be a stepping stone toward such an option.

If the court were to refuse to hear the Motion, Ron could appeal their refusal to a higher court. If the court hears the Motion and finds it without legal merit, Ron might have the option to appeal that decision to a higher court. He has little to no chance of winning, but he would be able to file.

What Ron cannot do right now is directly appeal his convictions or his sentences. The only way he can challenge either is by finding some err in either the prosecution phase or the sentencing phase. If a statewide prosecutor handled the prosecution, Ron might have a basis for the Motion. However, if it was a ASA who handled the prosecution--even with some assistance or consult from the statewide prosecutor's office--Ron's chances are pretty close to nil on both this Motion and any potential appeal that he might file on this issue.

I do expect Ron to keep trying and to file whatever he possibly can, no matter how frivolous. Ron is not likely to sit quietly biding his time over the next 14 years while someone in authority calls the shots.

FWIW: Tommy's appeal is untimely because he filed a Motion for Sentence Reduction first and, per the appeals court, such Motion does not toll the time for filing an appeal. Tommy's appeal may have merit, but the appeals court is not required to hear an untimely appeal so it could be disposed of for being untimely filed. However, at this time Tommy's is still an active appeal. Donna's appeal was also untimely, and was disposed of as such; she can appeal to a higher court if she so chooses. Hope's appeal was timely filed, but without merit.

 

[bessie]

That's a nice summation, krkrjx. My only argument would be a challenge of your opinion on the value of Ron's argument. In lieu of the facts of the matter, the legal issues surrounding them, and examples of rulings in cases with similar circumstances, I question how you can be so certain. I've read hundreds of cases in my lifetime, and appellate courts never cease to surprise me with their rulings.

Papa, thanks for pointing out to me the difference between a motion and an appeal. LOL I do want to reply to your post, but I have to dash now, so I'll get to it later.

 

[krkrjx]

That's a nice summation, krkrjx. My only argument would be a challenge of your opinion on the value of Ron's argument. In lieu of the facts of the matter, the legal issues surrounding them, and examples of rulings in cases with similar circumstances, I question how you can be so certain. I've read hundreds of cases in my lifetime, and appellate courts never cease to surprise me with their rulings.

Papa, thanks for pointing out to me the difference between a motion and an appeal. LOL I do want to reply to your post, but I have to dash now, so I'll get to it later.

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.

 

[Dr. Know?]

krkrjx, Old article but it talks of the plea deal and lists ASA Jason Lewis.


Cummings reaches tentative plea deal on the drug charges

snip

When asked whether information that would help resolve his daughter's case would reduce a sentence on the drug charges for Cummings or a co-defendant, Chris Kelly, a spokesman for the State Attorney's Office that covers Putnam County, declined to comment because the Sheriff's Office is the lead agency.

Shoemaker and Assistant State Attorney Jason Lewis told Circuit Judge Terry LaRue on Monday they needed about a month to sort out the deal, and another court date was set for Aug. 20, three days after Haleigh's seventh birthday.

more at link

http://www.ocala.com/article/20100720/articles/7201003