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© St. Petersburg Times, published November 3, 2001
Appeals court overturns man's murder conviction
TAMPA -- A state appeals court overturned a man's attempted murder conviction Friday, saying Hillsborough Circuit Judge Chet Tharpe's mishandling of the case left them no choice.
The ruling means Harvey Torres, 22, of Tampa will not serve life in prison for attempted first-degree murder, robbery with a firearm and aggravated assault. Torres must still serve about five years for being a felon in possession of a firearm.
The 2nd District Court of Appeal said Tharpe should not have declared a mistrial when two jurors complained about the length of trial. Upset by the jurors' complaint, Tharpe declared the mistrial and impaneled a second jury. Tharpe "completely failed to explore less drastic options," the appeals court said.
By doing so, Tharpe violated Torres' right against being tried twice for the same crime.
"By his actions the trial judge completely failed to honor the required protection of constitutional double jeopardy rights," Chief Judge John Blue wrote for the court. "We recognize that the result in this case may appear drastic, but the trial judge's error requires us to reverse."
TAMPA -- The Tampa Palms Owners Association is sponsoring its community yard sale at 8 a.m. today at Compton Park, 16101 Compton Drive. The rain date is Sunday. Also, Grace Episcopal Church will host the "Graceminster Dog Show" from 10 a.m. to 2 p.m. The rain date is Nov. 17. The entry fee is $10 for the first dog and $5 for each additional dog.
There will be blue ribbon contests, information and concession booths, games, hourly demonstrations of the Tampa Police Department K-9 Unit, companion dog, agility course, quick tricks, and basic obedience training.
Also, there will be a photographer so those attending can have their dog's picture taken with Santa Claws.