RICHARD SECCIA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2000-07-13
No. SC94138
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
764 So. 2d 573 Florida Supreme Court (2000) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

[*574] PER CURIAM.

We have for review Seccia v. State, 720 So. 2d 580 (Fla. 1st DCA 1998), on the basis of certified conflict with Mizell v. State, 716 So. 2d 829 (Fla. 3d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently resolved this conflict in Maddox v. State, 760 So. 2d 89 (Fla.2000). Because the parties have not adequately briefed the merits of the alleged scoresheet error in this case, we remand for the district court’s consideration in light of our opinion in Maddox.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . We decline to address the other issues raised by Seccia that are not the basis of our jurisdiction. See, e.g., Wood v. State, 750 So. 2d 592, 595 n. 3 (Fla.1999); McMullen v. State, 714 So. 2d 368, 373 (Fla.1998).


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Cited By

  • Sheena Latson v. State, 193 So. 3d 1070 (Fla. 1st DCA 2016)
    …493 (Fla. 1st DCA 1999) (finding an ineffective assistance claim' not properly raised on direct appeal in light of the enactment of section 924.051, Florida Statutes); Seccia v. State, 720 So. 2d 580, 582 (Fla. 1st DCA 1998), rev’d on other grounds, 764 So. 2d 573, 574 (Fla.2000) (declining to address ineffective assistance of counsel issue “because to do so would effectively nullify the preservation requirement contained in section 924.051”). But the proscriptions of section 924.051 have slowly disappeared f…
  • Seccia v. State, 786 So. 2d 12 (Fla. 1st DCA 2001)
    …ause it had not been preserved, and it did not constitute fundamental error. The supreme court has remanded that scoresheet issue to us for further consideration in light of its decision in Maddox v. State, 760 So. 2d 89 (Fla.2000). Seccia v. State, 764 So. 2d 573 (Fla.2000). I. Appellant was convicted of sexual battery upon a child younger than age 12 and a lewd, lascivious or indecent act upon a child. Both offenses were committed sometime between August 1 and September 12, 1995. The sexual battery convic…
  • Cleon Greenwood v. State, 766 So. 2d 1220 (Fla. 4th DCA 2000)
    ….800(b). The issue is thus not preserved for appeal. We reverse the sentence to include the award of six months credit for jail time orally pronounced by the trial court but not reflected in the written judgment of sentence. See Greenwood v. State, 764 So. 2d 573 (Fla.2000); Gillen v. State, 696 So. 2d 952 (Fla. 4th DCA 1997). WARNER, C.J., DELL and KLEIN, JJ., concur. . Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So. 2d 1071, 1074-75 (Fla.1988).…

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