| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09021764CF10A
|
Parties
| Name |
TERRY MOORE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Office of Criminal Conflict - Broward, Paul O'Neil, Richard Bartmon, Office of Criminal Conflict - Palm Beach
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
| Name |
Hon. Tim Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-11-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 688 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-10-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2020-06-05
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2020-04-13
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order Per Section 16(b)(10)b., Fla. Const. ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. The following circumstances contributed to the continuing review of this case and the time required for a final decision exceeding two years:Appellant filed a notice of appeal on October 31, 2017 directed toward the judgment of conviction and sentence, which proceeded in case number 4D17-3462. The “date of appeal” for the two years for completion began to run as of the filing of the notice of appeal in case number 4D17-3462. This court affirmed in part and reversed in part, remanding the case for entry of a written order revoking probation that conforms to the oral pronouncement and for resentencing using a corrected scoresheet. Upon remand, the trial court entered a judgment and sentence on August 21, 2019, and appellant appealed, proceeding in case number 4D19-0951. This court affirmed the judgment of conviction and sentence on February 13, 2020. The mandate was issued on March 13, 2020.
|
|
| Docket Date |
2020-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw as Counsel - Anders
|
| Description |
Order Granting to Withdraw as Counsel-Anders ~ This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738 (1967), having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having allowed the appellant a reasonable specified time within which to raise any points that appellant chose in support of this appeal, and the appellant having filed a response and/or having failed to respond, on consideration upon full examination of the proceedings, we conclude that the appeal is wholly frivolous. Whereupon, the public defender's said motion to withdraw is granted.
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respond to Motion to Withdraw ~ It appearing that the Public Defender, Fifteenth Judicial Circuit, has filed a Motion to Withdraw together with a memorandum brief asserting no arguable merit in this case, it is upon consideration:ORDERED that the appellant may, within thirty (30) days, if he or she wishes to do so, file with this court an additional brief calling the court's attention to any matters that he or she feels should be considered in connection with the appeal in this cause, and shall at the same time cause a copy of said brief to be served on the attorney for appellee, which is the Office of the Attorney General, 1515 North Flagler Drive, Suite 900, West Palm Beach, Florida, 33401, and further,ORDERED that appellee shall have ten (10) days from the date of this order to respond to the Motion to Withdraw and thirty (30) days after service of pro se appellant's brief to file any responsive brief.
|
|
| Docket Date |
2019-12-17
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
Terry Moore
|
|
| Docket Date |
2019-12-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Terry Moore
|
|
| Docket Date |
2019-11-22
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-10-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2019-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including November 25, 2019. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
| Docket Date |
2019-10-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-RECEIPT OF TRANSCRIPT
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Criminal Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file a circuit court clerk's determination of indigency status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DETERMINATION OF INDIGENT STATUS OCCCRC APPOINTED
|
| On Behalf Of |
Terry Moore
|
|
| Docket Date |
2019-09-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Terry Moore
|
|
| Docket Date |
2019-09-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
