| Docket Date |
2024-04-11
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
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| 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 this case transferring to this Court on January 1, 2023.This order is for reporting purposes only. It does not affect the decision in this case or the date of the mandate if one has issued, and it has no effect on related proceedings in the lower tribunal or in federal court.
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|
| Docket Date |
2024-03-25
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2024-03-25
|
| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing is denied.
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|
| Docket Date |
2024-03-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ ***DUPLICATE***
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
|
|
| Docket Date |
2024-02-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2024-02-13
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2023-10-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
|
|
| Docket Date |
2023-09-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In light of Attorney Arroyo's response to this court's order, the motion for substitution of counsel and related motion for extension of time are withdrawn and will not be considered. The appeal will proceed on the Anders brief submitted by appointed counsel, and appellant may file a pro se additional brief in keeping with the June 20, 2022, order, failing which the appeal will proceed on the briefing and record currently before this court. Appellant's pro se motion for extension of time is granted, and the pro se brief shall be filed within sixty days from the date of this order or the appeal will proceed without it.
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|
| Docket Date |
2023-09-01
|
| 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 |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-08-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO COURT ORDER
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| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ Attorney Arroyo, as privately retained counsel, may not proceed on an Anders brief in criminal judgment and sentence appeals. See Harold v. State, 450 So. 2d 910, 913 (Fla. 5th DCA 1984). Accordingly, in light of the response indicating that Attorney Arroyo plans to rely on the submitted Anders brief in this case, he shall advise this court within ten days from the date of this order, whether he intends to file a merits brief in this case if this court allows him to substitute as counsel in this appeal. If so, he shall amend his pending motion for extension of time to file brief to include a motion to strike that brief. Such response shall also address whether Attorney Arroyo has the copy of the record sent to the pro se appellant following the submission of Anders brief by appointed counsel and whether he has reviewed that record.
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|
| Docket Date |
2023-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ COUNSEL'S RESPONSE TO COURT ORDER OF 7-17-23
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| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The joint stipulation for substitution of counsel shall be supplemented within ten days from the date of this order to include the information previously directed by this court's April 19, 2023, order to "indicate[] to this court the location of the record on appeal and a motion or status report advising this court of the status of the brief filed by the public defender in this case."
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|
| Docket Date |
2023-04-27
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| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
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| Description |
Motion For Substitution of Counsel ~ **WITHDRAWN-SEE 09/18/23 ORDER**MOTION FOR SUBSTITUTION OF COUNSEL
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| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Based on the receipt of Attorney Arroyo's notice of appearance on behalf of counsel, Attorney Arroyo and the appointed Public Defender who has filed a brief asserting no arguable merit in this case, are directed to confer within ten days from the date of this order and file, as appropriate within fifteen days from the date of this order, a motion to withdraw or motion for substitution of counsel that indicates to this court the location of the record on appeal and a motion or status report advising this court of the status of the brief filed by the public defender in this case.
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|
| Docket Date |
2023-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **WITHDRAWN-SEE 09/18/23 ORDER**MOTION FOR EXTENSION OF TIME
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| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ Appellant’s motion for extension of time to file an additional brief is denied. Appellant’s additional brief shall be served within thirty days from the date of this order, or this case will proceed on the Anders brief filed by counsel.
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|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-03-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2023-03-23
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| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
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| Description |
Letter - A.G. will not be filing a brief ~ NOTICE OF INTENT NOT TO FILE "SUPPLEMENTAL" ANSWER BRIEFNOTICE OF ASSERTION OF RIGHT TO FILE A BRIEF ON ANY ARGUABLE CLAIM(S) FOUND BY THIS COURT UPON ITS REVIEW OF THE RECORD
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| On Behalf Of |
STATE OF FLORIDA
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|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
Anders - No answer brief; State brief due
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|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
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|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ This court's October 11, 2022, order is vacated. This case will proceed based onthe Anders brief filed by counsel.
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| Docket Date |
2022-10-11
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| Type |
Order
|
| Subtype |
Order to Serve Brief
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| Description |
Brief Overdue ~ ***VACATED PER 11/15/22 ORDER***Appellant shall serve the initial brief within twenty days from the date of this order, or this appeal will be subject to dismissal without further notice based on failure to prosecute.
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|
| Docket Date |
2022-07-19
|
| 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 from the date of this order.
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|
| Docket Date |
2022-07-18
|
| 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 |
ROBERTO L. RODRIGUEZ
|
|
| Docket Date |
2022-06-20
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
Anders Order - Tampa AG's Office ~ Counsel for appellant has filed appellant's brief asserting no arguable merit in this case. Appellant may within thirty days, if (s)he wishes to do so, file with this court an additional brief calling the court's attention to any matters (s)he feels should be considered in connection with this appeal, and shall at the same time serve a copy of the brief on appellee, which is Attorney General, 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, and appellant's counsel, and certify on the original that a copy has been served on such offices.
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|
| Docket Date |
2022-06-20
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| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
|
|
| Docket Date |
2022-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
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|
| Docket Date |
2022-05-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ADDENDUM - 24 PAGES
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|
| Docket Date |
2022-05-18
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender
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|
| Docket Date |
2022-05-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ABDONEY - REDACTED - 144 PAGES
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|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order for Clerk to File Status Report on Record
|
| Description |
Record status report ~ The lower tribunal clerk shall file a status report on record preparation within ten days from the date of this order. If the clerk is unable to serve the record because designated transcripts have not been filed, the clerk shall list the outstanding transcripts and certify service of the status report on the applicable court reporter(s) in addition to the parties.
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|
| Docket Date |
2022-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROBERTO L. RODRIGUEZ
|
|
| Docket Date |
2022-03-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
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|
| Docket Date |
2022-03-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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