Docket Date |
2023-03-09
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2023-03-01
|
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: This case was originally dismissed for lack of prosecution in June 2021. The case was subsequently reinstated, and the public defender was appointed to represent the appellant. New counsel filed two motions to supplement the record and, after the filing of the initial brief, the State filed a motion to determine whether the public defender could continue the represent the appellant. Taken together, these issues caused more than a year long delay in the case. The case was disposed of less than eight months following the receipt of the last supplemental record.
|
|
Docket Date |
2023-02-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-01-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-01-12
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellant's January 4, 2023 motion for written opinion is denied.
|
|
Docket Date |
2023-01-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION FOR WRITTEN OPINION
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2023-01-04
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-12-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-12-06
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-12-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-11-29
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the time of the Oral Argument set for December 6, 2022 has been rescheduled for 10:00 A.M.
|
|
Docket Date |
2021-08-09
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ Upon consideration of appellate counsel’s July 30, 2021 response, it is ORDERED that the appellant’s June 16, 2021 motion for reinstatement and June 17, 2021 amended motion for reinstatement are granted, and the above–styled appeal is reinstated. Further, ORDERED that jurisdiction is relinquished to the circuit court for thirty (30) days to appoint new appellate counsel, grant withdrawal of Andrew Strecker, Esq., as appellate counsel, and determine appellant’s indigent status. See Fla. R. App. P. 9.430(a); Grimes v. State, 82 So. 3d 847, 848–49 (Fla. 4th DCA 2011) (relinquishing jurisdiction to the trial court for appointment of substitute appellate counsel after reinstating appellate proceedings that were previously dismissed for lack of prosecution).
|
|
Docket Date |
2021-07-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellant's attorney, Andrew Strecker, Esq., is directed to respond, within ten (10) days from the date of this order, to appellant’s June 17, 2021 motion for reinstatement.
|
|
Docket Date |
2021-06-17
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ AMENDED MOTION TO REINSTATE APPEAL, TO FIND APPELLANT INDIGENT, AND TO APPOINT COUNSEL
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-06-14
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ **SEE AMENDED MOTION** MOTION TO REINSTATE APPEAL, TO FIND APPELLANT INDIGENT AND TO APPOINT COUNSEL
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-05-21
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
Docket Date |
2021-05-21
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-05-05
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2021-03-22
|
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 March 19, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2021-03-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-03-19
|
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 |
Kevin Davis
|
|
Docket Date |
2021-03-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s March 8, 2021 response, this court’s February 23, 2021 order to show cause is discharged. Further,ORDERED that appellant's motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2021-03-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO ORDER TO SHOW CAUSE
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-03-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's March 5, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-03-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ **STRICKEN**
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-02-23
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 03/09/2021**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2021-01-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s January 22, 2021 amended response, this court’s January 12, 2021 order to show cause is discharged. Further,ORDERED that appellant's motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief within twenty (20) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2021-01-22
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s January 21, 2021 response to order to show cause is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-01-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ AMENDED
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-01-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-01-12
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 01/25/2021**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-12-04
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 ENVELOPE.
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-12-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 277 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-10-27
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2020-10-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-09-23
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on December 6, 2022, at 9:30 A.M. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
Docket Date |
2022-07-20
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-07-14
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-07-11
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that, upon consideration of appellant's June 30, 2022 response, appellee's June 17, 2022 motion to determine whether the public defender can continue representing appellant in this case is denied. See Larzelere v. State, 676 So. 2d 394, 403 (Fla. 1996) (explaining that the right to conflict-free counsel can be waived).
|
|
Docket Date |
2022-06-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO DETERMINE IF PUBLIC DEFENDER CAN CONTINUE REPRESENTING APPELLANT
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-06-21
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-06-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO DETERMINE WHETHER THE PUBLIC DEFENDER CAN CONTINUE REPRESENTING APPELLANT IN THIS CASE WHEN THE PUBLIC DEFENDER HAS AN ACTUAL CONFLICT OF INTEREST WITH APPELLANT
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-06-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DETERMINE WHETHER THE PUBLIC DEFENDER CAN CONTINUE REPRESENTING APPELLANT
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2022-06-17
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that the Office of the Public Defender is directed to respond, within fifteen (15) days from the date of this order, to appellee’s June 17, 2022 motion to determine whether the Public Defender can continue representing appellant in this case.
|
|
Docket Date |
2022-05-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-05-02
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Letter ~ REQUEST FOR CLERK OF THE CIRCUIT COURT TO SUPPLEMENT THE RECORD
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-05-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 17 PAGES (PAGES 683-699)
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-02-14
|
Type |
Notice
|
Subtype |
Notice of Pending Motion Correct Sentencing Error
|
Description |
Notice of Pending Motion to Correct Sentencing Error
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2022-02-02
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/03/2022
|
|
Docket Date |
2022-02-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-12-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-12-22
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 02/01/2022
|
|
Docket Date |
2021-12-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-12-01
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/24/2021
|
|
Docket Date |
2021-10-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-10-25
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 65 PAGES (PAGES 618-682)
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-09-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's September 13, 2021 amended motion to supplement the record and toll time 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. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
Docket Date |
2021-09-14
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Acknowledgement Letter
|
|
Docket Date |
2021-09-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Mot. file supp'l ROA & toll time ~ AMENDED
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-09-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Supplement Record w/Trans & Toll Time for Brf. ~ ORDERED that appellant's September 10, 2021 motion to supplement the record and toll time 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. Further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
Docket Date |
2021-09-10
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Mot. file supp'l ROA & toll time
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2021-09-10
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Order LT Insolvency & Appointing PD ~ CERTIFIED COPY FROM LOWER COURT
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-09-09
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Order LT Insolvency & Appointing PD
|
On Behalf Of |
Kevin Davis
|
|
Docket Date |
2020-10-14
|
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 |
2020-10-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-10-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Kevin Davis
|
|