CHARLIE BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLIE BROWN, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
649 So. 2d 349
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
The denial of appellant’s motion for post-conviction relief is affirmed. Appellant’s motion was facially insufficient in that it failed to allege sufficient facts to demonstrate that his convictions arose out of a single criminal episode. Thompson v. State, 564 So. 2d 1189 (Fla. 1st DCA 1990).
MINER, WOLF and BENTON, JJ., concur.
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Iven B. Jones, III v. State, 838 So. 2d 659 (Fla. 5th DCA 2003)…taking an appeal. As a result, Jones’s notice of appeal, which was entrusted to prison officials for mailing on December 15, 2002, was untimely. The appeal is dismissed.1 See Alterisio v. State, 704 So. 2d 164 (Fla. 5th DCA 1997); Childs v. State, 649 So. 2d 349 (Fla. 1st DCA 1995). APPEAL DISMISSED. ORFINGER and MONACO, JJ., concur. . In his motion for rehearing, Jones claimed that he did not timely receive the order denying his 3:850 motion. Jones would have to pursue this argument in a petition fo…
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Brown v. State, 688 So. 2d 976 (Fla. 1st DCA 1997)…n, denied on its merits, and this court affirmed the decision. However, the affirmance was predicated on facial insufficiency of the motion and not a determination that the correct legal result on the Hale issue had been reached. See Brown v. State, 649 So. 2d 349 (Fla. 1st DCA 1995). Denial of the motion as successive was therefore error. See Wallace v. State, 463 So. 2d 467 (Fla. 2d DCA 1985). We reverse and remand the order with directions to either attach portions of the record which refute the claim, t…
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Floyd v. State, 893 So. 2d 588 (Fla. 1st DCA 2004)…ed by mail. Fla. R.Crim. P. 3.070; Whipple v. State, 867 So. 2d 433 (Fla. 1st DCA 2004). Because neither the letter nor the subsequently filed motion for rehearing was timely, the time for filing the notice of appeal was not tolled. Childs v. State, 649 So. 2d 349 (Fla. 1st DCA 1995) (holding that an untimely motion for rehearing does not toll the time to file a notice of appeal). Petitioner’s decision to file an untimely motion for rehearing, instead of filing a timely notice of appeal does not entitle him t…
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- Thompson v. State, 564 So. 2d 1189 (Fla. 1st DCA 1990)