MICHAEL BRAGGS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-11-12
No. 84-1432
Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.
478 So. 2d 451 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Palmer v. State, 467 So. 2d 1063 (Fla. 3d DCA 1985); Bonham v. State, 450 So. 2d 269 (Fla. 3d DCA 1984).


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Cited By

  • Braggs v. State, 642 So. 2d 129 (Fla. 3d DCA 1994)
    …disposition as being entirely outside the sentencing guidelines. The court entered an order declaring defendant to be a habitual offender and imposing sentence accordingly. Defendant appealed the conviction and this court affirmed. Braggs v. State, 478 So. 2d 451 (Fla. 3d DCA 1985). In 1986 the Florida Supreme Court announced Whitehead v. State, 498 So. 2d 863 (Fla.1986). The court held that the habitual offender statute is subject to, and not independent of, the sentencing guidelines. Id. at 865-67. Defend…
  • Braggs v. State, 522 So. 2d 536 (Fla. 3d DCA 1988)
    …Braggs from sentences of 100 years and thirty-four years imposed upon prior convictions for (1) burglary with an assault, and (2) robbery, based on adverse jury verdicts. We have previously affirmed these convictions and sentences, Braggs v. State, 478 So. 2d 451 (Fla. 3d DCA 1985); subsequently, the trial court vacated these sentences pursuant to Fla.R. Crim.P. 3.850 and resentenced the defendant to the sentences now under review. These sentences depart upward from the presumptive sentencing guidelines sent…
  • Gelis v. Schuster, 562 So. 2d 412 (Fla. 5th DCA 1990)
    …Nevertheless, it is clear that appellant had sufficient knowledge of the default by early October 1987. In a proper case, the clerk’s failure to comply with the requirements of Rule 1.500(c) may be material. See La Nacion Newspaper, Inc. v. Rivero, 478 So. 2d 451 (Fla. 3d DCA 1985). Under the circumstances of this case, however, it appears that appellant’s motion to vacate the default filed prior to the trial of the case and prior to entry of the final judgment was denied because of lack of diligence amounti…

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