KEVIN HUNTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN HUNTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
779 So. 2d 492
Florida District Court of Appeal, Second District (2000)
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Cited by 19 cases
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Opinion of the Court
PER CURIAM.
This appeal from an order denying appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is dismissed for lack of jurisdiction due to counsel’s untimely filing of the notice of appeal. See Demaria v. State, 778 So. 2d 302 (Fla. 2d DCA 2000). However, we certify to the Supreme Court of Florida the same question that this court certified in Diaz v. State, 724 So. 2d 595, 596 (Fla. 2d DCA 1998), with the following modifications:
DOES THE HOLDING IN LAMBRIX V STATE, 698 SO. 2D 247 (FLA.1996), WHEN CONSIDERED IN LIGHT OF THE SUPREME COURT OF FLORIDA’S PRONOUNCEMENT IN STEELE V. KEHOE, 747 SO. 2D 931 (FLA.1999), FORECLOSE THE PROVISION OF A BELATED APPEAL FROM THE DENIAL OF A POST-CONVICTION MOTION WHEN THE NOTICE OF APPEAL WAS NOT TIMELY FILED DUE TO THE INEFFECTIVENESS OF COUNSEL IN THE COLLATERAL PROCEEDING?
Appeal dismissed; question certified.
THREADGILL, A.C.J., and FULMER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Pressly v. Tadlock, 968 So. 2d 1057 (Fla. 2d DCA 2007)…. “If a trial court intends to impose the maximum period of imprisonment for a violation of the probationary portion of a true split sentence, it should impose the full original sentence of incarceration with credit for time served.” Crews v. State, 779 So. 2d 492, 493 (Fla. 2d DCA 2000). The standard sentencing forms do not contain language that allows for an easy resolution of prison credit or gain time when a [*1059] trial court imposes only the net time remaining on the suspended portion of a true split s…
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Johnson v. State, 927 So. 2d 251 (Fla. 2d DCA 2006)…ment with a portion of the confinement period suspended and the defendant placed on probation for that suspended portion.” Poore v. State, 531 So. 2d 161, 164 (Fla.1988), superseded by statute on other [*252] grounds as recognized in Crews v. State, 779 So. 2d 492 (Fla. 2d DCA 2000).…
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Elvis D. Summers v. State, 817 So. 2d 950 (Fla. 2d DCA 2002)…tate, 557 So. 2d 199, 200 (Fla. 2d DCA 1990). Since the 1989 statutory change, the preferred sentencing method is to sentence the defendant to the entire original prison term with credit for all time served, as occurred in this case. Crews v. State, 779 So. 2d 492, 493 (Fla. 2d DCA 2000). However, the trial court still [*951] has the option of sentencing the defendant to the suspended term with no credit for time served. See Moore v. Stephens, 804 So. 2d 575 (Fla. 5th DCA 2002). Regardless of which of the abo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Diaz v. State, 724 So. 2d 595 (Fla. 2d DCA 1998)
- Demaria v. State, 778 So. 2d 302 (Fla. 2d DCA 2000)