Ernesto’s Letters of Inquiry to The Parties Involved in his Prior Record Case No.: 90-1320-CF10A

Back in September 2022, Ernesto wrote letters to the parties that were involved in his prior Case No.: 90-1320-CF10A. This was done with the sole intention to clarify the mistaken recorded Judgment of conviction and the existing ambiguities depicted on the Plea agreement entered on May 14, 1992, the Score sheet and the Written sentence of this case. Nevertheless, as of today’s date, no response have been obtained from any of the parties involved.

This requested clarification by any of the Officers of the Court involved in this case, would correct the clear manifest injustice that has taken place in Ernesto’s case. Stated in a different way, according to the time of the alleged offense, the applicable Florida’s 1994 Sentencing Guidelines and Ernesto’s properly calculated prior conviction, his maximum possible sentence for the current offense in Case No.: 98-5739-CF10A should have been 193.00 months (or 16 years) in the Florida Department of Corrections.

However, despite the clear and timely objections placed on the record by Ernesto’s attorneys during and after the sentencing procedure. The Sentencing Judge, the Honorable Alfred Horowitz, upwardly departed from the maximum 16 years sentence recommended by the Florida’s 1994 Sentencing Guidelines, and instead, imposed upon Ernesto two concurrent life sentences, based solely on Ernesto’s mistakenly recorded prior convictions, as being level 8 offenses, instead of level 7 offenses.

As to the time of the publication of this page, I am waiting for the Office of the State Attorney to provide me with the entire copy of this case’s file, which I personally requested back in July of this year. It is my ultimate goal to find the necessary documentation and/or existing evidence that could prove to the Court that the upward departure sentence of life, imposed upon Ernesto, is in fact, the direct result of a manifest injustice that has occurred in this case.

Sincerely

Franziska Kaltenbach

Exhibits Attached

Letter to the Honorable Judge Frusciante

Letter to former ASA Ms. George Esq.

Letter to former Defense Counsel Mr. Lygnos Esq.

Exhibit #1 (Motion & Exhibits Attached to letters)