State of Florida v. Marquis Anthony Delcampo
Aggravated Battery — F.S. § 784.045(1)(a). 20-year sentence imposed on a charge with a 15-year statutory maximum. Ten major contradictions identified. Self-defense evidence suppressed.
CASE DETAILS
SENTENCE ANALYSIS
Breakdown: 15 years PRR (day-for-day, no gain time) + 5 years HFO (consecutive). F.S. § 775.082(3)(d) provides a 15-year maximum for second-degree felonies. This sentence is facially illegal under Rule 3.800(a) and can be challenged at any time with no filing deadline.
KEY ACTORS (13)
Marquis Anthony Delcampo
Defendant / Appellant
Age 34 at sentencing. Sentenced to 20 years (15 PRR + 5 HFO) for aggravated battery.
Lisa Smith
Authorized Representative
Authorized to act on behalf of defendant. Identified SYG was never applied, eyewitness excluded.
Jovanny Atahualpa Mercado Guzman
Uber Driver / Listed Victim
Name variations in records: 'Mercade Guzman,' 'Mahnalp Mercade' — identity reliability concern. Selected image #2 in Spanish-only photo lineup 2/23/23.
[UNNAMED Co-Rider]
Key Witness — Missing
Exited vehicle at Wawa stop, disappeared from investigation. Would have witnessed driver behavior, impatience, and pre-altercation escalation.
Hilton A. Rodriguez
Bystander Witness / Video Recorder
Recorded cell phone video of incident. Only fragments shown to jury (punching only). Full sequence unknown.
Rhodes
Eyewitness
Identity and statement details TBD from case binder.
Pagan
Eyewitness
Identity and statement details TBD from case binder.
ASA Domenick Leo
Prosecuting Attorney
Charged and tried case. Co-prosecutor with ASA Martine McCarthy.
ASA Martine McCarthy
Prosecuting Attorney
Co-prosecutor on the case.
Circuit Judge Jessica Reckseidler
Sentencing Judge
Imposed 20-year sentence — exceeds 15-year statutory maximum for 2nd degree felony.
William Scheiner
State Attorney, SA18
18th Judicial Circuit (Seminole/Brevard Counties).
Uber Technologies, Inc.
Platform Operator / Civil Defendant
FL Registered Agent: CT Corporation System, 1200 S Pine Island Rd, Plantation, FL 33324. HQ: 1515 3rd St, San Francisco, CA 94158.
Seminole County Sheriff's Office
Investigating Agency
100 Eslinger Way, Sanford, FL. Records: (407) 665-6650. Conducted investigation and photo lineup.
DEFENSE THESIS
The prosecution's narrative begins at the wrong point in the sequence of events. The official account states "Marquis started punching" — but omits everything the Uber driver did before that moment:
- Driver stopped at wrong location — ride was NOT at GPS destination
- Driver opened the rear door and physically grabbed Marquis
- Driver attempted forcible removal from the vehicle (Marquis's belongings still inside)
- Driver attempted a physical takedown
- Driver retrieved an umbrella as a weapon and swung it at Marquis
Under Florida's Stand Your Ground law (F.S. § 776.032), a person in an occupied vehicle has a statutory presumption of reasonable fear when another person unlawfully and forcefully enters or attempts to remove them. Trial counsel never requested a SYG immunity hearing.