| Docket Date |
2019-01-23
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
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| Docket Date |
2018-06-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The status report filed by Attorney Robert P. Harris in case 2D16-5176 is noted. Attorney Harris remains counsel of record.Notwithstanding the trial court's treatment of the motions underlying appeal 2D18-2296 under Florida Rule of Criminal Procedure 3.800(a), the recitals in the motions indicate that they were filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), and the timing of the filings reflects this categorization. See Fla. R. Crim. P. 3.800(b)(2); see also Fla. R. Crim. P. 3.800(a) ("[A] party may not file a motion to correct an illegal sentence under this subdivision . . . during the pendency of a direct appeal."). Therefore, by its own motion, the court consolidates the two above-captioned appeals for all purposes, and the consolidated appeal shall be treated as a direct appeal from a judgment and sentence. Although the court acknowledges the appellant's counsel's statement the he "does not represent [the appellant] in any other post-conviction matters or other appeals," counsel shall within 10 days of the date of this order file a status report stating whether he adopts the appellant's rule 3.800(b)(2) motions (or either of them), failing which the court will consider them as nullities. Cf. Hope v. State, 134 So. 3d 1044, 1046 n.5 (Fla. 1st DCA 2013) (rule 3.800(b)(2) motion was a nullity because appellant was represented by counsel); Lee v. State, 779 So. 2d 341 (Fla. 2d DCA 2000). The answer brief shall be served within 60 days of the date of this order.
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|
| Docket Date |
2017-09-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellant's motion for an extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later. Appellant's motion indicates that counsel for Appellant does not have the record on appeal. Counsel is advised that the record can be accessed via this court's filing system, eDCA, at https://edca.2dca.org.
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|
| Docket Date |
2017-11-29
|
| 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 |
ALISON TORRES
|
|
| Docket Date |
2017-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days of this order.
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|
| Docket Date |
2018-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days.
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|
| Docket Date |
2018-02-01
|
| 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 |
ALISON TORRES
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|
| Docket Date |
2020-02-27
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order per Art. I, s. 16(b)(10)(b), Fla. Const. ~ Article I, section 16(b)(10)(b), 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 noncapital 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 required time. The circumstances causing delay in this case included indigency determination delayed, preparation of record delayed, trial court proceedings required for Fla. R. Crim. P. 3.800(b)(2) motion, multiple motions for extension of time to file briefs, jurisdiction relinquished after case assignment for entry of appealable order, and mandate held pending Supreme Court of Florida review.
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| Docket Date |
2019-02-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2018-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
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|
| Docket Date |
2018-01-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-12-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER
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|
| Docket Date |
2018-12-11
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2018-12-07
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
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|
| Docket Date |
2018-11-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-11-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2018-10-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's reply brief is stricken as untimely filed. See Fla. R. App. P. 9.210(f).
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|
| Docket Date |
2018-10-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPL., 9 PGS.
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2018-10-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER OF REVOCATION OF COMMUNITY CONTROL
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|
| Docket Date |
2018-09-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ *stricken as untimely filed.*
|
| On Behalf Of |
ALISON TORRES
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|
| Docket Date |
2018-09-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ In this appeal the appellant challenges the revocation of the probation that he was serving in circuit court case numbers 11-CF-173 and 11-CF-19792. The record in this appeal, however, does not contain a written order that expressly revokes probation in circuit court case number 11-CF-19792. Jurisdiction is therefore relinquished for fifteen days, during which period Judge Steinbeck shall enter an appropriate order in case number 11-CF-19792 revoking the appellant's probation and specifying the conditions of supervision that he violated. See Jelks v. State, 770 So. 2d 183, 184 (Fla. 2d DCA 2000); see also Dolinger v. State, 779 So. 2d 419, 421 (Fla. 2d DCA 2000); Fields v. State, 737 So. 2d 1156, 1157 (Fla. 2d DCA 1999). The clerk of the circuit court shall transmit the order to this court and to the parties immediately thereafter.
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|
| Docket Date |
2018-07-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ FILED FOR 18-2296
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-06-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ LT NOTICE TO DISMISS MOTION TO APPOINT APPELLATE PUBLIC DEFENDER FOR PURPOSES OF DIRECT APPEAL - PS ALISON TORRES 997081
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-06-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-06-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ This court has received a supplemental record comprising a pro se rule 3.800(b)(2) motion and the trial court's order thereon and also a copy of the appellant's pro se motion for appointment of public defender for purposes of direct appeal submitted to the trial court. Within 10 days of the date of this order, appellant's counsel of record, Attorney Robert P. Harris, shall file a status report addressing his current status as to his representation of the appellant. Attorney Harris shall also address the status of the rule 3.800(b)(2) motion, filed pro se when the appellant was represented by Attorney Harris. The parties may also note that the appellant has filed a separate pro se appeal, docketed as case 2D18-2296, to challenge the trial court's order on his rule 3.800(b)(2) motion. The court will address the overlap between the direct appeal and the new appeal in due course.
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|
| Docket Date |
2018-06-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-06-12
|
| 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 circuit court clerk pursuant to Florida Rule of Appellate Procedure 9.140(f)(6). Appellant shall serve the initial brief within fifteen days of this order.
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|
| Docket Date |
2018-06-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ LT MOTION FOR APPOINTMENT OF COUNSEL - PS ALISON TORRES 997081
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2018-05-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 81 PAGES
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|
| Docket Date |
2018-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days.
|
|
| Docket Date |
2018-04-04
|
| 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 |
ALISON TORRES
|
|
| Docket Date |
2018-04-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 240 PAGES
|
|
| Docket Date |
2017-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days of this order.
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|
| Docket Date |
2017-09-27
|
| 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 |
ALISON TORRES
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ transcript
|
| On Behalf Of |
MERIT COURT REPORTING
|
|
| Docket Date |
2017-08-30
|
| 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 |
ALISON TORRES
|
|
| Docket Date |
2017-08-22
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days of this order.
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|
| Docket Date |
2017-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ STEINBECK - 275 PAGES
|
|
| Docket Date |
2017-06-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ LT ORDER OF INSOLVENCY FOR APPEAL, GRANTING MOTION TO WITHDRAW, AND DENYING POSTCONVICTION APPEAL COUNSEL - CC LINDA DOGGETT, CLERK
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2017-05-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ CC LINDA DOGGETT, CLERK
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2017-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2017-02-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-02-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Compliance with this court's December 7, 2016, fee order is overdue. This court has received a copy of Appellant's circuit court filing that seeks a determination of insolvency, but it has not received a copy of the circuit court's determination. If the circuit court has denied the request for an indigency determination, Appellant may seek review by motion filed in this case. Any such motion shall include as an attachment the clerk's determination or court order. Within 20 days, Appellant shall satisfy this court's fee order or seek such review. Failure to comply will result in dismissal of this appeal.
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|
| Docket Date |
2017-01-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Two additional pro se notices of appeal have been filed to review the judgment and sentences under review in this case. New proceedings are not initiated.
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|
| Docket Date |
2016-12-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ COURTESY COPY OF LT AFFIDAVIT OF INSOLVENCY - PS ALISON TORRES 997081
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2016-12-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - criminal; pro se
|
|
| Docket Date |
2016-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ALISON TORRES
|
|
| Docket Date |
2016-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
