GREGORY E. DIXON, PETITIONER,
v.
HARRY K. SINGLETARY, SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS, ETC., RESPONDENT
GREGORY E. DIXON, PETITIONER,
HARRY K. SINGLETARY, SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS, ETC., RESPONDENT
724 So. 2d 1192
Florida District Court of Appeal, Third District (1998)
Caution
Cited by 30 cases
Opinion of the Court
PER CURIAM.
CONFESSION OF ERROR
Based on the state’s proper confession of error, we grant defendant’s petition for writ of habeas corpus and reverse the conviction and sentence for possession of a firearm while engaged in a criminal offense. Perry v. Singletary, 697 So. 2d 1323 (Fla. 3d DCA 1997); Moorehead v. Singletary, 645 So. 2d 187 (Fla. 3d DCA 1994); Dixon v. Singletary, 672 So. 2d 602 (Fla. 3d DCA 1996). We therefore remand this cause with instructions to vacate the conviction and sentence only on this one count. In all other respects the petition is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)…R A BELATED HEARING IN ORDER TO DETERMINE WHETHER THE ATTORNEY WAS IN FACT RETAINED TO FILE A POST-CONVICTION MOTION AND, IF SO, TO DETERMINE THE VALIDITY OF THE ISSUES THAT DEFENDANT ASSERTS SHOULD HAVE BEEN RAISED IN SUCH MOTION? Steele v. Kehoe, 724 So. 2d 1192, 1195 (Fla. 5th DCA 1998). We rephrase the certified question as follows: WHEN A CONVICTED DEFENDANT ALLEGES THAT HIS OR HER ATTORNEY AGREED TO FILE A POSTCONVICTION MOTION ON HIS OR HER BEHALF, BUT FAILED TO DO SO IN A TIMELY MANNER, FIRST, IS IT…
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Acencion Medrano v. State, 748 So. 2d 986 (Fla. 1999)…may raise one or more grounds which fall within one of the exceptions to the two-year time limit of rule 3.850(b).” Medrano, 719 So. 2d at 16. The court also certified a question similar to the one certified by the Fifth District in Steele v. Kehoe, 724 So. 2d 1192 (Fla. 5th DCA 1998). The issue presented in this case was recently decided by this Court in Steele v. Kehoe, 747 So. 2d 931 (Fla.1999). Writing for the majority, Justice Overton noted this Court’s agreement with the Fifth District Court of Appeal t…
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Lynwood Williams v. State, 777 So. 2d 947 (Fla. 2000)…le, 747 So. 2d at 934. The State argues that those same due process concerns do not pertain where the petitioners have had the opportunity to raise their claims in the trial court in an original motion for postconviction relief. See Steele v. Kehoe, 724 So. 2d 1192, 1197 (Fla. 5th DCA 1998) (Sharp, J. concurring specially) (“Unlike the present case, Lam-brix had an opportunity to file a motion for post-conviction relief. In contrast, Steele’s counsel frustrated his intention to file post-conviction relief proc…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dixon v. Singletary, 672 So. 2d 602 (Fla. 3d DCA 1996)
- City OF Homestead v. Joaquin and Maria Martins, 645 So. 2d 187 (Fla. 3d DCA 1994)
- Leath v. State, 697 So. 2d 1323 (Fla. 4th DCA 1997)
- Perry v. Singletary, 697 So. 2d 1323 (Fla. 3d DCA 1997)