| Docket Date |
2015-07-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-07-24
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter ~ 7 VOLUMES OF RECORD FORWARDED TO ATTY SEXTON
|
|
| Docket Date |
2015-11-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ GRANTING MOTION TO CORRECT ILLEGAL SENTENCED
|
|
| Docket Date |
2018-11-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-10-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-05-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Santos Hernandez, Jr.
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2018-04-12
|
| 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
|
|
| Docket Date |
2018-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days of the date of this order.
|
|
| Docket Date |
2018-03-12
|
| 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
|
|
| Docket Date |
2018-03-02
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days.
|
|
| Docket Date |
2017-12-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2017-11-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 10 days of the date of this order, Attorney Valerie Linnen shall respond to this court's August 24, 2017, order by certifying to this court that she has forwarded the record on appeal to successor counsel.
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2017-09-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ appointing new counsel for defendant
|
| On Behalf Of |
HON. CATHERINE L. COMBEE
|
|
| Docket Date |
2015-10-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER SETTING STATUS CONFERENCE
|
|
| Docket Date |
2015-09-03
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) notice ~ b2 suppl record due
|
|
| Docket Date |
2015-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ CM/lb
|
|
| Docket Date |
2015-08-31
|
| 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 |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-08-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ lt order appointing conflict free counsel
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2015-08-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S CERTIFICATION OF MAILING RECORD
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
appt conflict counsel-RC ~ cm
|
|
| Docket Date |
2015-07-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER APPOINTING NEW COUNSEL FOR APPEAL
|
|
| Docket Date |
2017-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Attorney Valarie Linnen's motion to withdraw as counsel is granted. Attorney Linnen is relieved of further responsibilities in this appeal.Jurisdiction is relinquished to the trial court for 20 days for Judge Catherine Combee or her successor to appoint successor counsel for the appellant. The trial court should note that both the Public Defender and Regional Counsel have withdrawn from this appeal due to conflicts of interest. Upon entry of the order appointing new counsel, the trial court shall provide a copy to this court; the appellee; the appellant, whose address is Santos Hernandez, Jr., DC #H45571, Martin Correctional Institution-Main Unit, 1150 Allapattah Road, Indiantown, Florida 34956; and Attorney Linnen, whose address is P. O. Box 33039, Atlantic Beach, Florida 32233. Within 10 days thereafter, Attorney Linnen shall forward the record on appeal and a copy of this order to new counsel and so certify to this court that she has done so. Successor counsel shall promptly file a notice of appearance in this court.The appellee shall refrain from serving an answer brief until successor counsel has had an opportunity to consult with the appellant and review the record and Attorney Linnen's initial brief.
|
|
| Docket Date |
2017-08-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2017-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 60 days of this order.
|
|
| Docket Date |
2017-06-29
|
| 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
|
|
| Docket Date |
2017-06-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ The appellant's letter dated June 6, 2017, and filed on June 12, 2017, is treated as a motion to strike the initial brief filed by Attorney Valarie Linnen. The motion is stricken. The appellant must serve any motion in this case on his attorney and on the Attorney General at Concourse Center 4, 3507 E. Frontage Road, Suite 200, Tampa, Florida 33607-7013.
|
|
| Docket Date |
2017-06-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ ****STRICKEN****
|
| On Behalf Of |
Santos Hernandez, Jr.
|
|
| Docket Date |
2017-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-05-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2017-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN AS UNAUTHORIZED ~ Attorney Valerie Linnen's response is noted. The court acknowledges that there has been no violation of Florida Rule of Appellate Procedure 9.440(b).By its own motion, the court strikes as unauthorized the order appointing counsel for defendant signed by Judge Combee on April 25, 2017, and the order granting motion to withdraw as counsel due to conflict of interest and appointing new counsel signed by Judge Harb on April 28, 2017. See Fla. R. App. P. 9.600(a), (d). Attorney Linnen remains counsel of record in this appeal.The appellant is cautioned that because this is an appellate proceeding, any pro se motions concerning counsel must be filed in this court. Attorney Linnen shall serve the initial brief within 20 days of the date of this order.
|
|
| Docket Date |
2017-05-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ STATUS REPORT
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2017-05-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ The Office of Criminal Conflict and Civil Regional Counsel shall respond to the trial court's April 28, 2017, order of appointment, a copy of which has been filed in this court. Regional Counsel withdrew from representation in this appeal due to conflict on July 27, 2015. Attorney Valerie Linnen appears to have sought withdrawal as counsel for the appellant directly from the trial court, as the circuit court's online docket reflects an order granting withdrawal rendered on April 26, 2017. Such withdrawal without the permission of this court would appear to be a violation of Florida Rule of Appellate Procedure 9.440(b), and from this court's perspective, Attorney Linnen remains counsel of record for the appellant. Attorney Linnen shall address this circumstance in a status report filed within 10 days of the date of this order. If Attorney Linnen still possesses the appellant's copy of the record, she shall retain the record until further order of this court.
|
|
| Docket Date |
2017-05-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ **STRICKEN AS UNAUTHORIZED**(see 05/19/17 ord) ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL DUE TO CONFLICT AND APPOINT OFFICE OF REGIONAL COUNSEL
|
|
| Docket Date |
2017-02-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 4TH SUPPLEMENTAL - REDACTED - 748 PAGES
|
|
| Docket Date |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ
|
|
| Docket Date |
2017-01-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ COPY OF LT MOTION TO DISMISS COUNSEL AND APPOINT NEW COUNSEL - CC STACY BUTTERFIELD, CLERK
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2017-01-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
| On Behalf Of |
JANIE CASTLEBERRY, CT. RPTR., (DNU)
|
|
| Docket Date |
2016-09-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2016-08-31
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
3.800(b)(2) status order
|
|
| Docket Date |
2016-07-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2016-06-29
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
3.800(b)(2) status order
|
|
| Docket Date |
2016-05-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENTAL
|
|
| Docket Date |
2016-05-05
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ B2 SUPPLEMENTAL RECORD DUE
|
|
| Docket Date |
2016-05-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Pursuant to the Order of this Court rendered on April 29, 2016
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2016-04-29
|
| Type |
Order
|
| Subtype |
Order re 8.135(b)(2) Motion
|
| Description |
rule 8.135; supp. record rec'd ~ ***VACATED***SEE ORDER DATED 05/05/16
|
|
| Docket Date |
2016-04-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL
|
|
| Docket Date |
2016-04-14
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
3.800(b)(2) order but no supp record ~ B2 SUPPLEMENTAL RECORD DUE
|
|
| Docket Date |
2016-03-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER DENYING DEFENDANT'S MOTION TO DECLARE MANDATORY MINIMUM SENTENCE UNCONSTITUTIONAL AS APPLIED TO JUVENILES
|
|
| Docket Date |
2016-02-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2016-02-04
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
3.800(b)(2) status order
|
|
| Docket Date |
2015-12-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2015-12-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2015-12-09
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
3.800(b)(2) status order
|
|
| Docket Date |
2015-07-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER APPOINTING NEW COUNSEL FOR APPEAL
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2015-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
10th pd withdraw; appoint new counsel - J & S ~ CM
|
|
| Docket Date |
2015-07-10
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
SANTOS HERNANDEZ
|
|
| Docket Date |
2015-06-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COMBEE
|
|
| Docket Date |
2015-04-16
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Order Deter Insolvency Purpose Appointing Pub Def
|
|
| Docket Date |
2015-04-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2015-04-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2015-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
POLK CLERK
|
|
