MICHAEL ANTHONY WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL ANTHONY WOODS, APPELLANT,
STATE OF FLORIDA, APPELLEE
740 So. 2d 600
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse that portion of the trial court’s order denying appellant’s petition for writ of mandamus. The trial court ruled on a motion that had been filed in this court. As the state argued below, the circuit court had no jurisdiction over that petition. We affirm the trial court’s denial of the post-conviction relief motion, since the motion was facially insufficient, in that appellant did not indicate whether any previous post-conviction motions had been filed. See Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996). We note that the denial is without prejudice to appellant filing an amended motion conforming to the requirements of Florida Rule of Criminal Procedure 3.850(c).
GUNTHER, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Atterbury v. State, 991 So. 2d 980 (Fla. 4th DCA 2008)…ourt revoked his probation and imposed a fourteen-month term of incarceration commencing on November 20, 1998. Atter-bury appealed, and this court reversed the revocation of probation, finding that it was based solely on hearsay. Atterbury v. State, 740 So. 2d 600 (Fla. 4th DCA 1999). We remanded for further proceedings. On November 1, 1999, the trial court entered an order which stated: This matter having come before the Court on a mandate from the Fourth Court of Appeal which reversed the De [*981] fendant…
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McINTYRE v. State, 789 So. 2d 478 (Fla. 4th DCA 2001)…ning his habitual offender sentencing and the calculation of his sentencing guidelines score-sheet, in a proper amended motion that includes the history of any prior attempts at collateral relief. See Fla. R.Crim. P. 3.850(c), 3.987; Woods v. State, 740 So. 2d 600 (Fla. 4th DCA 1999). However, Appellant’s first ground, alleging ineffective assistance of trial counsel in failing to file a notice of appeal of the conviction and sentence, should have been dismissed for lack of jurisdiction. Such claims are to be…
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Atterbury v. State, 940 So. 2d 498 (Fla. 4th DCA 2006)…rt case 96-10178, appellant was convicted and sentenced to two years probation. The circuit court later revoked appellant’s probation and imposed a term of incarceration. This court reversed the revocation of probation on appeal. Atterbury v. State, 740 So. 2d 600 (Fla. 4th DCA 1999). On remand the lower court vacated the revocation of probation and terminated probation. We affirm the denial of appellant’s rule 3.800(a) motion as the conviction in case 96-10178 was not vacated. Appellant’s prior convictions…
Authorities Cited
- Thomas v. State, 686 So. 2d 699 (Fla. 4th DCA 1996)