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Appeals Court Upholds Conviction Of Cantonment Man For Store Robbery
May 22, 2019
An appeals court has upheld a 15-year sentence for a Cantonment man for the 2016 robbery of a Cantonment convenience store.
On September 10, 2016, Jonathan Mark Vito entered the Tom Thumb on Highway 29 and Woodbury Court and displayed to the clerk what appeared to be a firearm and demanded money. He then fled the scene with the money, beer and cigarettes. He was later identified in the surveillance video by a previous co-worker and a relative.
Vito was charged with robbery with a firearm, but pleaded guilty to robbery without a weapon, which carries a maximum 20-year sentence. His lawyers requested 18-months, but Circuit Judge John Miller imposed a 15-year sentence in July 2017.
Vito attempted to withdraw his guilty plea after sentencing, saying he did not read well and really did not understand he could face such a lengthy sentence.
At a hearing, Vito swore that he read and signed the written plea agreement, understood all the rights he was giving up by entering the plea, was entering the plea freely and voluntarily, was not coerced, and was satisfied with his lawyer’s performance.
Post conviction, Vito contended that he entered the plea involuntarily and had understood that he would receive drug treatment, not prison time. His motion to withdraw his plea was denied.
On appeal, he asserted for the first time that the trial court failed to follow proper procedure regarding his plea. The Florida First District Court of Appeal found otherwise and upheld the original 15-year sentence.
Vito has prior convictions for trafficking in stolen property, pawnbroker transaction fraud, theft, fleeing and eluding, and several other misdemeanor charges.
NorthEscambia.com file photos, click to enlarge.
Comments
One Response to “Appeals Court Upholds Conviction Of Cantonment Man For Store Robbery”
Best place for him., maybe he can use the 15 years to brush up on his reading and comprehension skills.