HOWARD BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HOWARD BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 416
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Under our recent decision in McNeal v. State, 24 Fla. L. Weekly D2226, 741 So. 2d 1205 (Fla. 1st DCA 1999), appellant is entitled to discharge if the sheriffs office did not receive his arrest warrant for violation of probation prior to July 11, 1997, which he alleges is the case in this appeal. See also State v. Boyd, 717 So. 2d 524 (Fla.1998). As the state points out, however, the record on appeal is ambiguous on this point. Accordingly, we relinquish jurisdiction with directions that the trial court make a factual determination as to when the warrant reached the sheriffs office and direct appellant’s discharge if the court finds that the warrant did not reach the sheriffs office before July 11.
JOANOS, WOLF, and BENTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vanderberg v. Moore, 765 So. 2d 94 (Fla. 1st DCA 2000)…lant’s petition for writ of mandamus without specifying which documents appellant failed to supply in his previous filings under section 57.085(7), Florida Statutes (1997). See Bandy v. Sheffield, 751 So. 2d 164 (Fla. 1st DCA 2000); Gosman v. Moore, 745 So. 2d 416 (Fla. 1st DCA 1999). REVERSED and REMANDED for further proceedings consistent with this opinion. ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.…
Authorities Cited
- Shiver v. State, 717 So. 2d 524 (Fla. 1998)
- McNEAL v. State, 741 So. 2d 1205 (Fla. 1st DCA 1999)