LLOYD GARRETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LLOYD GARRETT, APPELLANT,
STATE OF FLORIDA, APPELLEE
759 So. 2d 752
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Because the trial court did not have the benefit of the supreme court’s recent ruling in Peart v. State, 756 So. 2d 42 (Fla.2000), it summarily denied appellant’s Petition for Writ of Coram Nobis on his 1994 conviction, as untimely. Appellant sought review based on his claimed recent discovery of adverse INS proceedings (deportation), alleging the trial court did not advise him of the possibility of such consequences. Under Peart, the petition is timely, and so we reverse and remand for further hearing.
POLEN, FARMER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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B.M. v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008)…ich our research confirms, “cases [exist] in which juveniles have been charged with both violating curfew and absconding, which suggests that curfew violations and absconding are not the same offense.” Id. (emphasis added); see, e.g., K.G. v. State, 759 So. 2d 752 (Fla. 4th DCA 2000) (reversing trial court finding of violation of aftercare where affidavit alleged that juvenile had violated by leaving home without permission, disobeying curfew and absconding from aftercare program); Dep’t of Health & Rehab. Se…
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L.S. v. Dep't OF Juv. Just., 779 So. 2d 633 (Fla. 1st DCA 2001)…e omission of aftercare in the original order was a clerical error which could be corrected after the fact. L.S. filed a petition for writ of habeas corpus in this court arguing that DJJ no longer had jurisdiction over him relying on K.G. v. State, 759 So. 2d 752 (Fla. 4th DCA 2000). In K.G., the disposition order provided that following furlough from a Level 4 program, K.G. should be placed on community control. At a later time, DJJ administratively transferred K.G. to a more restrictive Level 8 program. Af…
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Z.B. v. Dep't OF Juv. Just., 938 So. 2d 584 (Fla. 1st DCA 2006)…ds of time in the company of older men. Finally, there are cases in which juveniles have been charged with both violating curfew and absconding, which suggests that curfew violations and absconding are not the same offense. See, e.g., K.G. v. State, 759 So. 2d 752, 753 (Fla. 4th DCA 2000) (violation of aftercare affidavit alleged that juvenile had violated by leaving home without permission, disobeying curfew and absconding from aftercare program); Dep’t of Health & Rehab. Servs. ex rel. M.H. v. State, 447 So…
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- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)