| Docket Date |
2022-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This is an appeal from a judgment and sentence rendered following entry of a plea in circuit court case number 18-CF-120, in which counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). The transcript of the plea/sentencing hearing reflects that appellant signed a plea form that he was asked to review during the hearing and that a Criminal Punishment Code scoresheet was prepared that was presented to the court during the hearing. The record before this court does not contain either of those documents, nor does it contain a judgment and sentence other than a handwritten memorandum of sentence that is signed by the trial judge. We note that any deficiencies in the record are through no fault of appellant's counsel as the supplemental directions to the clerk filed below on February 17, 2021, directed the clerk to supplement the record with "[c]opies of all motions, orders, court memos, notices of hearings, discovery disclosures, plea form, and other pleadings filed in case CF18-120." (Emphasis added.) Nevertheless, appellate counsel filed an Anders brief indicating that he found no meritorious issues for appeal in the record—save a minor sentencing issue—when the record was incomplete. Accordingly, within ten days of the date of this order, appellant’s counsel shall make arrangements with the clerk of circuit court to have the record in this appeal supplemented with both the plea form and any scoresheets used to sentence appellant, as well as the judgment and sentence and any fee order entered by the court, including those that appear in the packet sent to the Department of Corrections. The clerk of circuit court shall transmit the supplemental record to this court within ten days after the arrangements for supplementation are filed. Additionally, counsel shall review the supplemental record and within ten days of supplementation, indicate to this court through the filing of a status report whether a review of the complete record on appeal continues to support Anders treatment or if the withdrawal of the Anders brief and filing of a merits brief is necessary. Counsel shall also ensure that appellant receives a copy of the supplemental record on appeal and provide this court with notice of having done so in the status report.
|
|
| Docket Date |
2022-01-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2021-11-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 4TH SUPPLEMENTAL - 56 PAGES
|
|
| Docket Date |
2021-07-29
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) supp. record rec'd ~ This court has received the supplemental record prepared by the trial court clerk pursuant to Florida Rule of Appellate Procedure 9.140(f)(6).
|
|
| Docket Date |
2021-07-27
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2021-07-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENTAL - 5 PAGES
|
|
| Docket Date |
2021-05-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 10 PAGES
|
|
| Docket Date |
2021-05-11
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) notice ~ Appellant has filed a notice of pending motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court clerk shall forward to this court a supplemental record according to the time standards of Florida Rule of Appellate Procedure 9.140(f)(6). The parties shall notify this court in writing if the supplemental record is not timely transmitted.
|
|
| Docket Date |
2021-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2021-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2021-05-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 58 PAGES
|
|
| Docket Date |
2021-03-26
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 18 PAGES
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ REPORTER'S ACKNOWLEDGMENT - RP MERIT COURT REPORTING
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2021-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's motion to supplement the record and for an extension of time is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days, and the initial brief shall be served within sixty days of this order.
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|
| Docket Date |
2021-02-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
In Lieu of Designation
|
| Description |
appt 10th in lieu of designation - record provided ~ The lower tribunal has appointed the local Public Defender to represent Appellant in this proceeding. In lieu of a designation, this court appoints the 10th Circuit Public Defender to represent Appellant in this appeal. Appellant’s initial brief shall be filed within 60 days from the date of this order.
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|
| Docket Date |
2021-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ LUNDY **CONFIDENTIAL** UNREDACTED - 13 PAGES
|
|
| Docket Date |
2021-01-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ AND APPOINT PUBLIC DEFENDER
|
| On Behalf Of |
GLADES CLERK
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee affidavit in appeals/wrong court ~ Appellant's submission of December 22, 2020, does not fulfill the requirements of this court's fee order of December 3, 2020. If appellant qualifies for a filing fee waiver, he/she must submit an order or certificate of insolvency from the lower tribunal. The motion for a determination of insolvency must be submitted to the lower tribunal, and the resulting order or certificate then forwarded to this court. The filing fee or order/certificate of indigency from the lower tribunal shall be remitted within twenty days.
|
|
| Docket Date |
2020-12-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ LT application for criminal indigent status
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2020-12-03
|
| Type |
Order
|
| Subtype |
Right to Counsel Order
|
| Description |
pro se J & S/right to counsel
|
|
| Docket Date |
2020-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MALCOLM THOMAS
|
|
| Docket Date |
2020-12-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2020-12-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
GLADES CLERK
|
|
| Docket Date |
2020-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
MALCOLM THOMAS
|
|
