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I have been Illegally arrested for 7 years! Read My Story: Kenneth Copeland!



To Whom it My Concern,

My name is Kenneth Copeland Jr. I’m presently incarcerated illegally, I’m living testimony of why, this country, needs criminal justice reform. I’m literally being held not only against my will but against the laws of this country and this state .This justice department has repeatedly ignored every attempt I’ve made in making them aware of this clear an apparent miscarriage of justice .My case is like no other that you’ve ever heard of or experienced in this country .I truly believe that due to the fact of my having no formal legal training or passing the bar exam, that I’m being denied justice ,The following is a factual example of why we need to have the criminal justice system reformed immediately ..

NOTE: These chronological events can be substantiated by trial court records, defendant’s legal documents, pictures, or simple diligent research.


September 21, 2010- After a hearing defendant is found to be in violation of probation, had his previous probationary sentenced revoked, and a new probationary split sentence imposed. See Exhibit A.

December 14, 2013- Defendant is on his way to work when he is illegally accosted by plain clothes officers of the Miami Dade County Police Department. After being severely beaten, defendant is then falsely arrested and charged with several (7) alleged violations of Florida Laws .See court records in case numbers F13-29285, F07-13480, F07-14878. See defendant’s pictures of injuries and arrest affidavits.


December 16, 2013- Affidavits of alleged violations of probation were filed in case numbers F07-13480, F07-14878, alleging that the defendant violated probation in a material aspect by committing (1) Possession of firearm by a convicted felon, (2) Carrying a concealed weapon, (3) Possession of firearm by violent career criminal, (4) Carrying a concealed weapon with an altered serial number, (5) Resisting arrest without violence. SEE TRIAL RECORDS.


February 21, 2014 – At a hearing in case numbers F07-13480, F07-14878, defendant requested the trial judge to be tried on the primary offenses for the alleged violations. Trial Judge denied defendant’s request to have the alleged new law violations trial first, instead opting to hold a probation violation hearing first, without stating a logical reason for this illogical procedure. SEE EXHIBIT B.


June 2, 2014- After hearing, wherein officers admit to illegally stopping the defendant, forensic evidence proves defendant didn’t possess a firearm, trial judge finds defendant in violation of probation, but fails to orally or in writing revoke defendant’s previous probationary split sentence upon the defendant as authorized by Fla.Stat.948.06(2)(e). This fundamental trial court error has manifested injustice by not only sending an innocent man to prison, but it violates the Constitution of the United States of America, the Florida Constitution, and the Statues, Rules and Procedures of the criminal justice system. See Exhibit C, U.S.C.A. 5th Fla. Const.Art.1&9, Fla.Stat.948.06 (2)€, Fla Stat. 924.06 (1)©, Fla .r. Crim.P.3.995, Fla .Sentencing Statues, (William H Burgess, III ) & 9:29, 9:30, Ashley V State , 850 so. 2d 1265 at headnotes 1-5 (Fla.2003), Bush v. State , 135 So.3d 1108 at 1110 (Fla 2nd DCA 2013), Dawkins v. State , 936 So. 2d 710 at 712 (Fla 2nd DCA 2006), Jackson v State .56 So.3d 65at 67 (Fla 2nd DCA 2011)


June 6, 2014- Defendant’s appellate attorney, appointed by trial court, files a notice of appeal to a revocation order that was never issued in case numbers F07-13480, F07-14878. See Trial Court Records


September 2014 -Defendant learns that the Public Defender’s Office has been ineffective in representing him. Defendant fires the and goes Pro se in preparation of the upcoming trial for the primary offense of the alleged violation of probation. See court records


December 8th-12th , 2014- After selecting a jury the trial begins, The pro se defendant demonstrates to the trial court and jury that officers not only lied under oath, but their stories are very inconsistent, Testimony of SGT. Murillo reveals that his fellow officers lied as he states that he never touched the alleged gun, let alone recovered it as they testified under oath, See hearing transcripts in case F13-29285.


December 12, 2014- On the final day of the trial by jury wherein officers were found to have lied under oath, defendant is found not guilty of ever possessing a firearm a convicted felon in a unanimous decision by the jurors. See Exhibit D. at the end of the trial, the defendant requests the court to vacate the illegal sentence it imposed upon him due to the Facts of the underlying offense of the alleged violations being negated. Trial court denies defendant’s request and states things that were never found in the alleged violations hearings oral pronouncement.


February 10,2015 (on or about)- Appellate attorney for defendant files an Anders Brief to the 3rd DCA and Miss -sates in the Statement of Facts between pages7 and 9 that the defendant’s probation was revoked by the trial court. SEE TRIAL COURT RECORDS IN CASE number 3D14-1461(3rd DCA)


April 22, 2015-The 3rd DCA affirms defendant’s conviction and sentence but remands back to trial court for issuance of a written order of revocation specifying the specific condition of probation that was violated. See Clerk of Courts Record in case numbers F07-13480, F07-14878’3rd DCA Clerk of Courts records in case number 3D14-1464.

May 13,2015-Trial court files “Order finding defendant in violation of the terms of his probation” in response to 3rd DCA Order. Trial judge admits in this order that the record of the record of the proceedings fails to reflect why the defendant was in violation or that his probation was revoked .This trial court order is not a Revocation of Probation Order , which is the predicate order empowering the trial court to impose a new sentence without violating double jeopardy principles .See Fla.Stat.948.06 (2)€, Fla Stat.924.06 (1)©,FlaR.Crim.p.3995,U.S.C.A5th Fla .Const.Art.1 79 , Ashley v. State , 850 So.2d 1265 at headnotes 1-5 (Fla.2003)


July 2015 through January 2019 -Defendant Files multiple post-conviction motions informing trial court and Appeal Court of fundamental error by trial court but is repeatedly denied relief, even after defendant send Photocopies of the law from the law books. See trial court records in case numbers F07-13480, F07-14878.


October 31,2019-Defendant files a “Writ of Mandamus “in the 3rd DCA alleging trial courts failure to have legal jurisdiction to impose sentence upon him without a written ‘Order of Revocation of Probation” as defendants legal sentence impose on September 21, 2010, of 1 year prison followed by 5 years’ probation las expired as of September 21, 2016, entitling defendant to emergency release from his illegal detention in Florida D.O.C See court records 3rd DCA


November 20,2019- Trial court files a written “Order finding defendant in violation of probation and revoking his probation” trial court signs the order “Nunc Pro Tunc”.which mean now for back then .This order which is the predicate order empowering the trial court to impose a new sentence of imprisonment upon defendant without violating double jeopardy , has been issued 5 years after imposition of an illegal sentence imposed on defendant, which now creates another error by the trial courts oral pronouncement of judgment and sentence .it is well established that whenever there is a conflict between the oral and written sentence , the oral pronouncement controls. See Ashley v. State ,850 So 2d 1265 at headnotes 1-5 (Fla2003). See Exhibit E..


CONCLUSION

We need Criminal Justice Reform in this country very badly as my everyday reality can just as easily be you or someone you know. There is indeed a racial disparity in the justice system, and it’s not defined by skin color. This disparity in the justice system, and it’s not defined by skin color. This disparity is defined by rich or poor, justice has no place today. what I pray the American citizens learn from my everyday reality is that the sign you see in almost every courtroom in America states, we who labor here seek only the truth is a lie. In September of 2014, after the public defender’s office refused to represent me with effective assistance of counsel, I fired them as my representing attorneys and went pro se (which means I was my own attorney…) for the trial on the initial charges that they alleged violated my probation in the first place and was found not guilty by a jury of my peers. Now remember when I was arrested on December 14, 2013, I was charged with 5 different charges of alleged law violations. Well up until December7, 2013 I was led to believe that I’d be prosecuted on all those charges if I choose to vindicate myself of the false allegations against me in trial. Well, I was tried on 1 count of possession of a firearm by a thrice convicted felon. The jury on December 12, 2014 in case number F3-29285 returned a verdict of not guilty .See Exhibit D/After the same judge who presided over the probation hearing , presided over the trial on the primary offense for the alleged violations of probation, was asked by the defendant to vacate the illegal sentence , he imposed six months before defendant was found by a jury to never have a possessed a firearm , the judge refused , even though he had more evidence of defendants innocence in the trial , than in the probation hearing .and this is a living a testimony of why criminal justice reform is needed in this country , so that my reality doesn’t become yours. As of December 14, 2020, I’ve been illegally incarcerated for seven years.


You Can Contact Me Kenneth Copeland III #M09788

GULF C.I.

500 IKE STEEL RD

WEWAHITCHKA, FL 32465




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