Charles Flaherty v. State of Florida

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

CHARLES FLAHERTY,
Appellant,

Vv.

STATE OF FLORIDA,
Appellee.

No. 4D2024-2672
[April 15, 2026]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; John D. Fry, Judge; L.T. Case No.
062023CF001095A88810.

Harry Dohn Williams, Jr., Special Public Defender, Fort Lauderdale, for
appellant.

James Uthmeier, Attorney General, Tallahassee, and Zi Jin Peter Chan,
Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Charles Flaherty appeals his convictions and sentences. With respect
to his convictions, he raises issues involving evidentiary rulings, the trial
court’s denials of his pre-trial motions for dismissal based on Stand Your
Ground immunity and speedy trial rules, and the court’s purported failure
to conduct a Faretta! hearing. We affirm on those grounds. Flaherty also
appeals the sentences imposed on two counts of attempted second-degree
murder, arguing that they were vindictive and that the sentences exceeded
the statutory maximum based on improper reclassification. We affirm the
sentences on direct appeal but without prejudice to Flaherty raising an
improper reclassification claim in an appropriate post-conviction motion.

Affirmed without prejudice.

GROSS, CIKLIN and LOTT, JJ., concur.

1 Faretta v. California, 422 U.S. 806 (1975).

Not final until disposition of timely-filed motion for rehearing.