| Docket Date |
2017-09-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-08-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-04-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-03-31
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's motion for appointment of appellate counsel is denied because indigency on its own is not sufficient to require appointment of appellate counsel and appellant has not otherwise established that appointment of appellate counsel is required under either the United States or Florida Constitutions. See Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001).
|
|
| Docket Date |
2017-03-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion for Appointment of Counsel
|
| Description |
Motion for Appointment of Counsel
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-03-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FORWARDING INITIAL BRIEF TO APPELLANT
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-03-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The Public Defender's motion to withdraw as appointed counsel is granted. Appellant David Hite alleges that he sent to the Public Defender's Office the only copy of a pro se initial brief he prepared. The Office of the Public Defender shall forward that initial brief, if ever received, and whatever appellate record it has possession of, if any, to the appellant within 5 days from the date of this order and shall certify to this court that it has done so.Appellant has not established that appointment of appellate counsel is required under either the United States or Florida Constitutions. See Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001).Appellant may file a pro se initial brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) to the best of appellant's abilities within 60 days from the date of this order.Appellant's "notice of pending motion to correct sentencing error" pursuant to Florida Rule of Criminal Procedure 3.800(b) is stricken as unauthorized. Appellant is not entitled to file such a motion in the circuit court as part of a postconviction appeal. See Perry v. State, 849 So. 2d 324 (Fla. 2d DCA 2003). Any ruling by the circuit court on such a motion will not be under judicial review in this appeal.
|
|
| Docket Date |
2017-02-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-02-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The circuit court clerk shall within 10 days from the date of this order transmit a supplemental record to this court consisting of: the motion to withdraw as appellate counsel, filed January 20, 2017.It appears that Assistant Public Defender Alexandra Baishanski intended to file this motion with this court, but the motion was never received by this court.
|
|
| Docket Date |
2017-02-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF PENDING MOTION TO CORRECT SENTENCING ERROR
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-01-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO AMEND MOTION
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ In an order dated July 28, 2016 (attached), this court stated that Attorney Alexandra Baishanski is counsel of record at this time in this appeal. Attorney Baishanski will be considered as counsel of record for this appeal until a motion to withdraw as appellate counsel complying with Florida Rule of Appellate Procedure 9.440(b) is filed with this court and is granted. Such a motion should be filed within 30 days from the date of this order.Appellant David Hite alleges that he sent to his attorney the only copy of a pro se initial brief he prepared (appellant's letter attached). If such a motion to withdraw is granted, Attorney Baishanski will then be required to forward the pro se initial brief, if ever received by her, and whatever portion of the record for this appeal outlined on the attached Index prepared by the Sarasota County Clerk of the Circuit Court she has to the appellant within 5 days from the date of this order and shall certify to this court that she has done so.Appellant David Hite's motion for an extension of the time to file an initial brief including a request for the appointment of appellate counsel remains pending.
|
|
| Docket Date |
2017-01-09
|
| 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 |
DAVID HITE
|
|
| Docket Date |
2016-12-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ By an order dated July 15, 2016, this court allowed appellant's counsel to file an optional initial brief within 30 days by Monday, August 15, 2016. No initial brief has yet been filed. Accordingly, appellant's counsel or appellant pro se shall either inform this court that no initial brief will be filed or file an optional initial brief within 30 days from the date of this order.
|
|
| Docket Date |
2016-07-28
|
| Type |
Order
|
| Subtype |
Notices Filed by Attorney and Pro Se
|
| Description |
pro se and atty-filed NOAs
|
|
| Docket Date |
2016-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
|
| Docket Date |
2016-07-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2016-07-15
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
treat as summary; transmit record
|
|
| Docket Date |
2016-07-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID HITE
|
|
| Docket Date |
2016-06-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2016-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID HITE
|
|
