JASON DENNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JASON DENNIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
758 So. 2d 1199
Florida District Court of Appeal, Fourth District (2000)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Jason Dennis argues that the trial court erred in denying his amended 3.850 motion on the ground that it was untimely and successive. We agree with Dennis as his amended motion was “filed” in accordance with Haag v. State, 591 So. 2d 614 (Fla.1992), three days before the trial court denied his initial 3.850 motion.
Nonetheless, we have considered the merits of his claim and conclude that any error was harmless. See, e.g., Wilson v. State, 436 So. 2d 908 (Fla.1983).
WARNER, C.J., KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fernandez v. State, 814 So. 2d 459 (Fla. 4th DCA 2001)…re, after this court earlier reversed in part a prior denial of the same motion for reconsideration of parts (D) and (E) of Appellant’s fourth ground for relief, both of which were claims of ineffective assistance of counsel. See Fernandez v. State, 758 So. 2d 1199 (Fla. 4th DCA 2000). On remand, the trial court denied both claims based on the state’s response, attaching portions of the record. We conclude that the trial court did not err in summarily denying part (E) based on the portions of the record that w…
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Jackson v. State, 849 So. 2d 321 (Fla. 2d DCA 2003)…e jury oath to the prospective jurors. The trial court rejected this claim on procedural and substantive grounds, and the denial order was affirmed. We reject Jackson’s argument that this issue should be reconsidered in light of Fernandez v. State, 758 So. 2d 1199 (Fla. 4th DCA 2000), which holds that a defendant’s rule 3.850 claim that his trial counsel was ineffective because he did not object when the trial court faded to place prospective jurors under oath, was legally sufficient. A retroactive change in…
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Lyndell A. Ward v. State, 865 So. 2d 669 (Fla. 4th DCA 2004)…illegal. Callaway, 658 So. 2d at 988 (“Resolution of the issue will require an evidentiary determination and thus should be dealt with under rule 3.850 which specifically provides for an evidentiary hearing.”). Our decisions in Fernandez v. State, 758 So. 2d 1199 (Fla. 4th DCA 2000), and Frank v. State, 697 So. 2d 584 (Fla. 4th DCA 1997), do not support the conclusion that “the State’s supplementation of the order [denying relief under rule 3.800] is insufficient to support the trial court’s summary denial.”…1 / 2
Authorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- Wilson v. State, 436 So. 2d 908 (Fla. 1983)