BILLY WAYNE DANIELS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court lacked jurisdiction to consider appellant’s motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 during the pendency of appellant’s direct appeal of the order revoking his community control. Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966); see State v. Meneses, 392 So. 2d 905 (Fla.1981). Accordingly, we affirm the denial of appellant’s motion for postconviction relief on this ground. See Robinson v. State, 393 So. 2d 33, 35 (Fla. 1st DCA 1981) (stating that if trial court’s order is sustainable under any theory revealed by appellate record, affirmance is proper notwithstanding that it may have been entered for a different or even erroneous reason).
MINER, ALLEN and LAWRENCE, JJ., concur.
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Cited By (36 total)
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Daniels v. State, 712 So. 2d 765 (Fla. 1998)…OVERTON, Justice. We have for review Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997), which expressly and directly conflicts with State v. Meneses, 392 So. 2d 905 (Fla.1981), and Hall v. State, 697 So. 2d 237 (Fla. 5th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case concerns the jurisdic…
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Mitchell v. State, 703 So. 2d 1062 (Fla. 1997)…SHAW, Justice. We have for review Mitchell v. State, 698 So. 2d 555, 557 (Fla. 2d DCA 1997), wherein the district court certified: If the State fails to prove that a BB pistol is loaded and operable at the time of an offense, can it be classified as a dangerous or deadly weapon when the defendant’s actions cause t…
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Rios v. State, 730 So. 2d 831 (Fla. 3d DCA 1999)…703 So. 2d 1045, 1047 (Fla.1997)(“[W]hether a BB or pellet gun is a deadly weapon — i.e., whether it is ‘likely to produce death or great bodily injury* — is a factual question to be answered by the jury in each ease.”); see also Mitchell v. State, 698 So. 2d 555, 560-62 (Fla. 2d DCA), approved, 703 So. 2d 1062 (Fla.1997). However, this jury was erroneously, and repeatedly, informed that the defendant met the criteria under Florida law to be considered a violent career criminal. In State v. Emmund, 698 So.…
Previewing 3 of 36 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Robinson v. State, 393 So. 2d 33 (Fla. 1st DCA 1981)
- Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985)
- Buford Dalton Blackman v. City OF Gainesville, 187 So. 2d 342 (Fla. 1st DCA 1966)
- Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966)