| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
01-1752CFAES
|
Parties
| Name |
ERIC WILSON LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEFFREY H. SIEGAL, A. A. G., Attorney General, Tampa
|
|
| Name |
HON. SUSAN G. BARTHLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order per Art. I, s. 16(b)(10)(b), Fla. Const.
|
|
| Docket Date |
2019-10-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing or clarification is denied.
|
|
| Docket Date |
2019-08-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ or clarification
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2019-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant's motion for extension of time is granted. Appellant shall have up to and including September 18, 2019, in which to file and serve any motion for rehearing.
|
|
| Docket Date |
2019-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to file rehearing
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2019-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2019-04-11
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ DEFENDANT/APPELLANT'S REPLY RESPONSE TO STATES RESPONSE TO THIS COURT'S 03/07/19 SHOW CAUSE ORDER
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2019-03-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO COURT'S MARCH 7, 2019, ORDER
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-03-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE TO COURT PURSUANT TO THIS COURT ORDER
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2019-03-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This court, on February 22, 2018, ordered the supplementation of certain missing items from the record on appeal and directed the Attorney General to respond to the issues on appeal surrounding the summary denial of ground four of the amended second or successive motion for postconviction relief based substantially on this court’s opinion in Lewars v. State, 42 Fla. L. Weekly D1098 (Fla. 2d DCA May 12, 2017), and its application to postconviction motions. That response was to address four issues set forth in the order. Due to the review of Lewars, 42 Fla. L. Weekly D1098, then pending before the Florida Supreme Court and the stays of the mandates on the opinions related to those issues pending that review, the State filed a well-taken motion to stay this appeal pending the a decision from the supreme court in Lewars and to delay responding fully to this court’s order. The Florida Supreme Court’s opinion has now issued, State v. Lewars, 43 Fla. L. Weekly S612 (Fla. 2018). Accordingly, the stay of this appeal is lifted and State shall, within twenty days from the date of this order, respond to the four issues set forth in the original order entered on February 22, 2018, in light of the subsequent opinion in 43 Fla. L. Weekly S612. The State shall also specifically address the application of that subsequent opinion in Lewars to the facts and the posture of this matter as a postconviction appeal as well as the subsequently issued opinion addressing this matter in the context of a postconviction motion in Gray v. State, 243 So. 3d 994 (Fla. 4th DCA 2018).
|
|
| Docket Date |
2018-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-07-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant’s motion to lift stay is denied.
|
|
| Docket Date |
2018-07-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO LIFT STAY
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2018-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification-78a
|
|
| Docket Date |
2018-04-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2018-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ This appeal implicates the application of Lewars v. State, 42 Fla. L. Weekly D1098 (Fla. 2d DCA May 12, 2017), review granted, No. SC17–1002 (Fla. Sept. 13, 2017), in the context of a postconviction motion for relief. In light of the pending review of Lewars and the stay of this court's mandate and the related proceedings in that case entered by the Florida Supreme Court pending that review, the Attorney General's motion for stay of this appeal of a related issue pending the resolution of Lewars is granted. Cf. Taylor v. State, 42 Fla. L. Weekly D2551 (Fla. 2d DCA Dec. 6, 2017) ("Given the Florida Supreme Court's order staying the mandate and further proceedings in Lewars, the mandate in this case is likewise stayed pending disposition of the Lewars petition.").
|
|
| Docket Date |
2018-03-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO SUMMARY DENIAL OF PETITIONER'S SUCCESSIVE MOTION FOR POSTCONVICTION RELIEF
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY CONTAINED IN THE RESPONSE TO SUMMARY DENIAL OF PETITIONER'S SUCCESSIVE MOTION FOR POSTCONVICTION RELIEF
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-02-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 348 PAGES
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ In the order dismissing appellant's second or successive motion for postconviction relief and denying his amended motion, signed on or about June 30, 2017, the postconviction court references certain record items in support of the successive nature of the motions and the claims that were not actually attached to the order. Accordingly, the circuit court clerk shall, in relation to circuit court case number 01-1752, supplement the record on appeal with the judgment and sentence rendered on May 29, 2007, the motion for postconviction relief filed March 23, 2010, the final order (with attachments) denying the motion for postconviction relief—rendered on March 23, 2012, the amended rule 3.850 motion filed on September 6, 2013, and the final order denying that postconviction motion rendered on May 11, 2016. See Harvester v. State, 817 So. 2d 1048 (Fla. 2d DCA 2002) ("[W]hen the trial court's order denying a postconviction motion references attachments that are not actually attached or requires this court to review an identifiable document from the trial court record that is not attached to the order, this court will exercise its discretion by . . . ordering the trial court to supplement the record with the necessary records."). The supplemental record shall be transmitted to this court and the parties within ten days from the date of this order.Within thirty days from the date of this order, the Attorney General is directed to respond to the summary denial of ground four of the amended second or successive motion for postconviction relief that asserted a new basis for postconviction relief as related to the prison release reoffender (PRR) designation on appellant's sentence and this court's recent opinion in Lewars v. State, 42 Fla. L. Weekly D1098 (Fla. 2d DCA May 12, 2017), review granted, No. SC17–1002 (Fla. Sept. 13, 2017). See also Taylor v. State, 42 Fla. L. Weekly D2551 (Fla. 2d DCA Dec. 6, 2017) (Black, J. concurring). The response shall specifically address (1) appellant's assertion that he was previously released from a county jail facility and does not qualify for PRR designation as a result, (2) whether the opinion in Lewars operates as a change in law that would overcome the successiveness and timeliness limitations of Florida Rule of Criminal Procedure 3.850 and, if so, whether his claim for relief based on a Lewars issue is otherwise cognizable within a rule 3.850 motion, see, e.g., Brinson v. State, 851 So. 2d 815 (Fla. 2d DCA 2003), (3) whether the Lewars issue as raised by appellant can constitute a claim for relief pursuant to Florida Rule of Criminal Procedure 3.800(a), see, e.g., Ward v. State, 946 So. 2d 33 (Fla. 2d DCA 2006); Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008), and, if so, whether the postconviction court should have alternatively considered the appellant's claim four as such, and (4) any implications of the stay of the entry of this court's mandate in Lewars pending the review by the Florida Supreme Court, see Taylor, 42 Fla. L. Weekly D2551.
|
|
| Docket Date |
2018-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2017-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2017-10-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2017-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 60 days from the date of this order.
|
|
| Docket Date |
2017-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2017-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-08-03
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2017-08-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-07-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
PASCO CLERK
|
|
| Docket Date |
2017-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2017-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Non Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
01-1752-CFAES
|
Parties
| Name |
ERIC WILSON LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DEANA K. MARSHALL, ESQ.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CORNELIUS C. DEMPS, ESQ., ATTORNEY GENERAL
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-12-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-08-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2016-07-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2016-06-20
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time ~ (EXCEEDS 90 DAY LIMIT)
|
|
| Docket Date |
2016-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2016-05-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2016-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO Order dated May 6, 2016
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2016-05-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant's counsel shall file a status report on record preparation within 15 days.
|
|
| Docket Date |
2016-03-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PASCO CLERK
|
|
| Docket Date |
2016-03-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The circuit court clerk shall file a status report within ten days regarding the evidentiary hearing and record preparation pursuant to this court's October 20, 2015, order.
|
|
| Docket Date |
2015-12-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PASCO CLERK
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ MBK-Within ten days the circuit court clerk shall file a status report regarding the requests of this court's October 20, 2015, order.
|
|
| Docket Date |
2015-10-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MBK-The trial court has granted rehearing and is conducting an evidentiary hearing, scheduled for October 29, 2015. This postconviction appeal will not proceed as a summary pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Upon the trial court's entry of a final order, the trial court clerk shall prepare a record, which shall include a transcript of the evidentiary hearing, and transmit same to this court within fifty days. Within thirty days after transmittal of the record to this court, Appellant shall either file an amended initial brief or a file a notice indicating that he will rely on the initial brief previously filed.
|
|
| Docket Date |
2015-10-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ appeal stayed pending trial court's resolution of appellant's motion/status report due 10/22/15
|
|
| Docket Date |
2015-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-07-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER GRANTING MOTION FOR REHEARING; ORDER GRANTING EVIDENTIARY HEARING ON DEFENDANT'S AMENDED MOTION FOR POSTCONVICTION RELIEF IN PART; DIRECTIONS TO STATE
|
|
| Docket Date |
2015-07-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-06-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ appeal being held in abeyance/counsel to provide status report on motion for rehearing
|
|
| Docket Date |
2015-03-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2015-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60-ib due 04/07/15
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-01-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **SUMMARY RECORD**
|
|
| Docket Date |
2015-01-22
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
treat as summary; transmit record
|
|
| Docket Date |
2015-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ERIC WILSON
|
|
| Docket Date |
2015-01-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
|
