ROY MILTON RICKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Standing To Challenge Constitutionality cases and more on FLexlaw
PER CURIAM.
The trial court order denying the Motion for Post-Conviction Relief filed by the appellant Roy Milton Ricks is reversed based on the Confession of Error filed by the appellee State of Florida. Because the offense for which Ricks was convicted occurred within the applicable window period for standing to challenge the constitutionality of enhanced sentences under the Gort Act, Ch. 95-182J Laws of Fla., the enhanced sentence entered under that Act in Ricks’ case was properly challenged in his rule 3.850 motion. The case is therefore remanded to the trial court for resentencing in accordance with the valid laws in effect on June 8, 1996, the date of Ricks’ offense. See Salters v. State, 758 So. 2d 667 (Fla.2000); Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992).
Reversed and remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shoppes Ltd. P'ship v. Conn, 829 So. 2d 356 (Fla. 5th DCA 2002)…strued in accordance with the laws of Massachusetts, issues concerning venue and the validity of forum selection clauses are deemed procedural in nature and governed by the law of the forum state. Kerr Construction, Inc. v. Peters Contracting, Inc., 767 So. 2d 610 (Fla. 5th DCA 2000).…
-
Golden Palm Hospitality, Inc. v. Stearns Bank Nat'l Ass'n, 874 So. 2d 1231 (Fla. 5th DCA 2004)…cted from reaching a construction contrary to that of the trial court.”) (citation omitted), review denied, 828 So. 2d 388 (Fla.2002); Dixon v. City of Jacksonville, 774 So. 2d 763 (Fla. 1st DCA 2000); Kerr Constr., Inc. v. Peters Contracting, Inc., 767 So. 2d 610, 612 n. 2 (Fla. 5th DCA 2000) (“Whether venue is proper in a particular forum is not a matter of judicial discretion, but is a matter determined by law. Thus, the standard of review is de novo.”); Management Computer Controls, Inc. v. Charles Perry…
-
Ware Else, Inc. v. Ofstein, 856 So. 2d 1079 (Fla. 5th DCA 2003)…by the de novo standard of review. See, e.g., Bovis Homes, Inc. v. Chmielewski, 827 So. 2d 1038 (Fla. 2d DCA 2002); Benefit Ass’n Intern., Inc. v. Mount Sinai Comprehensive, 816 So. 2d 164 (Fla. 3d DCA 2002); Kerr Const. v. Peters Contracting, Inc., 767 So. 2d 610 (Fla. 5th DCA 2000); Carr v. Stetson, 741 So. 2d 567 (Fla. 4th DCA 1999). The reason for this conclusion was recently confirmed by this court: Whether venue is proper in a particular forum, however, is not a matter of judicial discretion. If there…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)