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Rafael Hernandez, Petitioner(s) v. Ricky D. Dixon, Secretary, Florida Department of Corrections, Respondent(s).
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1D2023-0322
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2023-02-08
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Closed
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| Classification |
Original Proceedings - Administrative - Mandamus
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| Court |
1st District Court of Appeal
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| Originating Court |
Administrative Agency
22-6-37632, 22-6-34515 , 22-6-32276, et al.
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Parties
| Name |
RAFAEL HERNANDEZ LLC
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Ricky D. Dixon
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| Role |
Respondent
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| Status |
Active
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| Representations |
Dorothy Burnsed, Lance Eric Neff, Hon. Ashley Moody
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Docket Entries
| Docket Date |
2023-02-09
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Original Pet-Pay Fee/Submit Mot & Affid($300) ~ The petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.100(b). The petitioner is hereby directed to pay the $300 filing fee within 30 days of this order. If petitioner seeks to proceed with prepayment of costs waived, petitioner is to file a proper motion and affidavit of indigency with the clerk of this Court so said clerk may consider issuing a Certification of Indigency pursuant to Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable. The failure of petitioner to submit to this Court a motion and affidavit of indigency or the required filing fee within 30 days of this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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| Docket Date |
2023-04-10
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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| Docket Date |
2023-02-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Petition Mandamus / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Mandamus filed in this Court on February 8, 2023.
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| Docket Date |
2023-02-08
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DU:Due
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| Docket Date |
2023-02-08
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus
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| On Behalf Of |
Rafael Hernandez
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RAFAEL HERNANDEZ VS STATE OF FLORIDA
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4D2020-0499
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2020-02-10
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Closed
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| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312016CF000791A
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Parties
| Name |
RAFAEL HERNANDEZ LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
STATE OF FLORIDA LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Attorney General-W.P.B., Anesha Worthy
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| Name |
Clerk - Indian River
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-03-24
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
State of Florida
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| Docket Date |
2020-03-13
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| Type |
Petition
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| Subtype |
Petition Belated Appeal
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| Description |
Petition for Belated Appeal ~ ***AMENDED***
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-03-13
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ ***AMENDED***
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-05-04
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ ~ ORDERED that, having considered the State’s response and petitioner’s reply, the petition for belated appeal is denied. Mann v. State, 269 So. 3d 640, 641 (Fla. 5th DCA 2019).MAY, CIKLIN and CONNER, JJ., concur.
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| Docket Date |
2020-05-04
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2020-04-27
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-04-14
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Grant EOT to Reply to Response ~ ORDERED that appellant's April 13, 2020 motion for extension of time is granted, and the time for filing a reply to the response is extended thirty (30) days from the date of this order.
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| Docket Date |
2020-04-13
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| Type |
Motions Extensions
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| Subtype |
Motion Extension of Time To Reply To Response
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| Description |
Motion Extension of TimeTo Reply To Response
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-03-24
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
Appendix to Response
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| On Behalf Of |
State of Florida
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| Docket Date |
2020-03-09
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed ~ ***AMENDEDED***
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-03-09
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-02-24
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ ORDERED that within twenty (20) days of service of this order petitioner shall file an amended petition that is properly sworn. Failure to timely comply with this order will result in dismissal of this proceeding.
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| Docket Date |
2020-02-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Belated Appeal / Acknowledgment letter
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| Docket Date |
2020-02-10
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| Type |
Petition
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| Subtype |
Petition Belated Appeal
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| Description |
Petition for Belated Appeal
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-02-10
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF7:No Fee- Belated Appeal
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| Docket Date |
2020-02-10
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2020-03-12
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Why Belated Appeal not be Granted ~ ORDERED that respondent, the State of Florida, shall file a response within twenty (20) days and show cause why a belated appeal should not be granted. Petitioner may file a reply within ten (10) days of service of the response.The parties shall discuss whether it is necessary to appoint a commissioner to make factual findings.
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RAFAEL HERNANDEZ VS STATE OF FLORIDA
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4D2019-3513
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2019-11-13
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Closed
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| Classification |
Original Proceedings - Circuit Criminal - Ineffective Assistance of Appellate Counsel
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312016CF000791A
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Parties
| Name |
RAFAEL HERNANDEZ LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
STATE OF FLORIDA LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Attorney General-W.P.B.
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| Name |
Hon. Cynthia L. Cox
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Indian River
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-02-18
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing En Banc
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| Description |
Order Denying Rehearing En Banc ~ ORDERED that the petitioner's January 6, 2020 motion for rehearing en banc is denied without prejudice to raising in postconviction relief motions.
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| Docket Date |
2020-01-06
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion for Rehearing / Rehearing En Banc ~ AND WRITTEN OPINION
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2019-12-18
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2019-12-18
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ ~ ORDERED that the November 13, 2019 petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied. WARNER, CIKLIN and GERBER, JJ., concur.
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| Docket Date |
2019-11-15
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Ineffective Assistance / Acknowledgment letter
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| Docket Date |
2019-11-13
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF8:No Fee-Ineffective Assistance of Counsel
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| Docket Date |
2019-11-13
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| Type |
Petition
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| Subtype |
Petition Ineffective Assistance of Counsel
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| Description |
Petition - Ineffective Assistance of Counsel
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| On Behalf Of |
Rafael Hernandez
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RAFAEL HERNANDEZ VS STATE OF FLORIDA
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4D2017-2313
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2017-07-24
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Closed
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| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312016CF000791A
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Parties
| Name |
RAFAEL HERNANDEZ LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Public Defender-S.L., Public Defender-I.R., Erika Follmer, Public Defender-P.B.
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| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Anesha Worthy, Attorney General-W.P.B.
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| Name |
Hon. Cynthia L. Cox
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Indian River
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-06-01
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2018-06-01
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2018-05-16
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion ~ CONCESSION OF ERROR
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| Docket Date |
2018-03-12
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
State of Florida
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| Docket Date |
2018-02-20
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 04/23/2018
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| On Behalf Of |
State of Florida
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| Docket Date |
2018-01-26
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2018-01-02
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 02/01/2018
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2017-12-20
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ 9 PAGES
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| Docket Date |
2017-11-21
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| Type |
Order
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| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
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| Description |
Order to Supplement Record - transcript ~ ORDERED that appellant's November 17, 2017 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process.
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| Docket Date |
2017-11-17
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
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| Description |
Mot. file supp'l ROA & toll time
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2017-10-18
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/17/2017
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2017-09-22
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/18/17
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2017-08-18
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| Type |
Misc. Events
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| Subtype |
Designation of Public Defender
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| Description |
Designation of Public Defender-P.B.
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| Docket Date |
2017-08-17
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received ~ 27 PAGES
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| Docket Date |
2017-07-25
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2017-07-24
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Rafael Hernandez
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| Docket Date |
2017-07-24
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
**DNU** ORD-LT Insolvency or Indigency
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