Cabriano v. State

2 Citing cases

  1. Cabriano v. State

    325 So. 3d 78 (Fla. Dist. Ct. App. 2021)   Cited 1 times

    We affirmed on direct appeal. Cabriano v. State , 211 So. 3d 147 (Fla. 4th DCA 2017). In ground eight of his rule 3.850 motion, Cabriano claimed counsel was ineffective for failing to move to disqualify the trial judge because he departed from his role as a neutral arbiter and became an advocate for the State by suggesting that Cabriano's testimony had opened the door to cross-examination about the incident involving his step-daughter.

  2. Berben v. State

    268 So. 3d 235 (Fla. Dist. Ct. App. 2019)   Cited 9 times
    Stressing that neutral role of appellate court is compromised when court raises own argument and reverses based on it

    The legislature has recognized trial testimony and evidence as appropriate sentencing considerations. See Cabriano v. State, 211 So.3d 147, 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla. Stat. (2017). The evidence at trial involved extensive testimony related to the use of file sharing software in downloading and sharing child pornography.