Challis v. State

Steven Challis, in his petition filed under Florida Rule of Appellate Procedure 9.141(d), alleges that his appellate counsel was ineffective for failing to argue that the trial court committed fundamental error by inappropriately speculating during the sentencing proceeding that he was responsible for a number of deaths from drug overdoses. Because a trial court commits fundamental error when it considers improper factors such as this at sentencing, we grant Mr. Challis’s petition. 1

After a jury trial, Mr. Challis was convicted of three counts of trafficking in hydrocodone, two counts of…