DAVID B. PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID B. PORTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
765 So. 2d 295
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant challenges an order denying his motion seeking post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further consideration in light of the Florida Supreme Court’s recent decision in Heggs v. State, 759 So. 2d 620 (Fla.2000).
REVERSED AND REMANDED, with directions.
WOLF, DAVIS and BROWNING, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000)…der. Fla. R.App.P. 9.040(c). Finally, we find that a disposition more appropriate than relinquishment of jurisdiction is to reverse and remand the case to the circuit court for further proceedings. Cf. Wrisper v. Florida Department of Corrections, 765 So. 2d 295 (Fla. 1st DCA 2000) (reversing where appellee moved to relinquish jurisdiction because the statute on which the circuit court relied to dispose of case had been declared unconstitutional). REVERSED. LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.…
-
Wright v. Moore, 776 So. 2d 966 (Fla. 1st DCA 2000)…ekly S353, — So. 2d -, 2000 WL 33114471 (Fla. May 4, 2000), which held section 57.085(7) to be unconstitutional. We find that the appropriate disposition is to reverse and remand for further proceedings. Wrisper v. Florida Department of Corrections, 765 So. 2d 295 (Fla. 1st DCA 2000). REVERSED. LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.…
-
Rowe v. State, 777 So. 2d 1010 (Fla. 1st DCA 2000)…or noncompliance with section 57.085, Florida Statutes, is error. See Doss v. Florida Dep’t of Corrections, 770 So. 2d 207, 207 (Fla. 1st DCA 2000); Wilson v. Moore, 767 So. 2d 1246, 1246 (Fla. 1st DCA 2000); Wrisper v. Florida Dep’t of Corrections, 765 So. 2d 295, 295-96 (Fla. 1st DCA 2000). Several months before the circuit court dismissed Mr. Rowe’s petition, important parts of section 57.085 were adjudicated unconstitutional. See Jackson v. Florida Dep’t of Corrections, 25 Fla. L. Weekly S353, S354, - So.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)