Two South Florida men were arrested for committing a tourist robbery on South Beach. The two men that were arrested forced their way into a hotel room located on Miami Beach at gunpoint. Arturo Rosa and Carlos Valdivia were picked up early Wednesday morning, a couple of days after the crime was committed. A couple from Texas were on vacation and staying at the Parisian Hotel. When they returned from dinner, the two men were waiting in the room. The police reports do not indicate how the men gained entry into the room. Both defendants are currently represented by Miami criminal defense lawyers from the Miami-Dade County Public Defender's Office.
Both of the accused will remain in custody without a bond, at least until their arraignment date which is scheduled in approximately three weeks. Both men are charged with two counts of armed robbery with a firearm, one count of armed burglary and one count of burglary with an assault or battery. All three charges are first degree felonies punishable by life in prison (1st PBL). Under Florida law, anyone charged with a 1st PBL will be held without a bond at the initial bond hearing. The criminal lawyers representing the defendants can request that the circuit judge presiding over the case hold an Arthur hearing in an attempt to secure a bond.
Police reports allege that both defendant pointed firearms at the first victim demanding his jewelry, money, wallet and credit cards. They even threatened to kill him if he did not provide PIN numbers. He was then struck with a firearm and had his mouth taped shut. The second victim went to room looking for her friend when the defendants pointed the firearms at her taking her purse, wallet and jewelry. The defendants then took the couple's car keys and left the hotel. Both were arrested and proved confessions to the robbery detectives.
If the detectives can provide evidence that the defendant carried firearms, the defendants will also be subject to the 10/20/Life sentencing laws. According to the 10/20/Life sentencing laws, a person who carries a firearm during the commission of a felony is subject to a 10 year minimum/mandatory prison sentence. If a firearm is discharged during the commission of a felony, a 20 year minimum/mandatory sentence can be handed down. If a firearm is discharged and a person is actually shot, a life sentence can be handed down by the judge. The minimum mandatory sentence dictates that the entire sentence be served with no gain time for good behavior. The state will of course have the burden of proving that an actual firearm was used to enhance a defendant's sentence.
2 Arrested in Robbery of Tourist at Miami Beach Hotel, The Miami Herald.com, July 21, 2010.
