FIDEL ELADIO DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FIDEL ELADIO DIAZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
588 So. 2d 71
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the summary denial of the defendant’s motion for post-conviction relief because his motion is not in the prescribed form as required by Florida Rule of Criminal Procedure 3.987. Scott v. State, 464 So. 2d 1171 (Fla.1985).
Affirmed without prejudice.
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Citator
Cited By
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Mesa v. State, 632 So. 2d 1094 (Fla. 3d DCA 1994)…(4), shall be sentenced to a minimum term of imprisonment of 3 calendar years." § 775.087(2)(a), Fla.Stat. (1991). . See, e.g., Gibbs v. State, 623 So. 2d 551 (Fla. 4th DCA), rev. denied., 630 So. 2d 1099 (Fla.1993) (No. 82,577); Spencer v. State, 588 So. 2d 71 (Fla. 3d DCA 1991); Cerrato v. State, 576 So. 2d 351 (Fla. 3d DCA 1991); Helmick v. State, 569 So. 2d 869 (Fla. 2d DCA 1990); Cox v. State, 530 So. 2d 464 (Fla. 5th DCA 1988).…
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Spencer v. State, 611 So. 2d 16 (Fla. 3d DCA 1992)…First, although not raised by the parties, the forty-year sentence for attempted first degree murder exceeds the thirty-year legal maximum for a first degree felony. See §§ 775.082(3)(b), 777.-04(4)(a), 782.04(1), Fla.Stat. (1989); Spencer v. State, 588 So. 2d 71 (Fla. 3d DCA 1991). Defendant must be resentenced on that count within the legal maximum. Second, the sentencing which occurred below was a resentencing before a successor judge. Defendant had appealed the sentence imposed by the judge who tried th…
Authorities Cited
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)