| Docket Date |
2020-07-14
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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| Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ 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 of the date of appeal in non-capital cases and five years from the date of appeal in 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 Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
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|
| Docket Date |
2020-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-05-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's May 4, 2020 pro se motion for rehearing is denied.
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|
| Docket Date |
2020-05-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2020-04-16
|
| 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.
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|
| Docket Date |
2020-04-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2020-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's January 2, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2020-01-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
State of Florida
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|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-12-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 18, 209 motion for extension of time is granted, and appellant may serve the initial brief on or before December 4, 2019.
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|
| Docket Date |
2019-10-18
|
| 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 |
DAVID RINCON
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's October 7, 2019 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General’s Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General’s Office at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service which indicates service on the Attorney General’s Office within fifteen (15) days from the date of this order.
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|
| Docket Date |
2019-10-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN 10/8/19***
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-09-20
|
| 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.
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|
| Docket Date |
2019-09-19
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-09-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-09-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUBSTITUTION OF COUNSEL WITHIN THE SAME OFFICE
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-08-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 565 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2019-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-07-12
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2019-07-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2019-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID RINCON
|
|
| Docket Date |
2019-07-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
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