CHARLES S. ZITO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1993-09-15
No. 93-1823
GUNTHER, STONE and KLEIN, JJ., concur.
623 So. 2d 867 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Zito’s motion for rehearing is granted. We grant belated appeal of the trial court’s order denying his motion for relief under rule 3.850, Florida Rules of Civil Procedure. Haag v. State, 591 So. 2d 614 (Fla.1992).

Upon consideration of the record, including the documents submitted by Appellant, we find no error in the trial court’s order. Therefore, the order denying Appellant’s rule 3.850 motion is affirmed.

GUNTHER, STONE and KLEIN, JJ., concur.


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  • B.M. v. State, 625 So. 2d 956 (Fla. 5th DCA 1993)
    …int, the juveniles in this case were prosecuted under a repealed statute — a non-crime in 1992. That is sufficient to invalidate their adjudications. See B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA1993) (Sharp, W., J., dissenting) and D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA1993) (Sharp, W., J., dissenting). Nor do I think the adjudications can be sustained by saying or inferring that all the elements of section 39.061 were alleged in the petition and the “erroneous reference” to section 39.112 is immater…
  • B.B. v. State, 627 So. 2d 1318 (Fla. 5th DCA 1993)
    …use the date of B.B.’s commitment was subsequent to October 1, 1990. See B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993). See also R.W. v. State, 623 So. 2d 868 (Fla. 5th DCA 1993); B.M. v. State, 625 So. 2d 956 (Fla. 5th DCA 1993); D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA 1993). AFFIRMED. DAUKSCH, COBB and DIAMANTIS, JJ., concur.…
  • State v. Butcher, 631 So. 2d 1139 (Fla. 5th DCA 1994)
    …ape charge filed by the state against Terry Butcher based on the authority of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). See B.M. v. State, 625 So. 2d 956 (Fla. 5th DCA 1993), rev. granted, Case No. 82,667 (Fla. Jan. 19,1994); D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA 1993), rev. granted, 632 So. 2d 1025 (Fla.1994); B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993). REVERSED. DAUKSCH, COBB and GRIFFIN, JJ., concur.…

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