DONALD J. CULVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD J. CULVER, APPELLANT,
STATE OF FLORIDA, APPELLEE
786 So. 2d 1194
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
CASANUEVA, Judge.
Donald J. Culver appeals from the trial court’s order summarily denying his letter of June 8,1999, which the trial court treated as a motion. In his letter, Culver requested a copy of the psychological evaluation performed on him by Dr. Kempher prior to his sentences in these cases. We affirm the trial court’s order denying relief to Culver because the record on appeal reveals that the document is not part of the court file. This court’s affirmance is without prejudice to Culver’s right, if any, to file a petition for writ of mandamus seeking to enforce his right to obtain the document from his assistant public defender. Affirmed.
PARKER, A.C.J., and SALCINES, J., Concur.
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Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004)…. 4th DCA 2000). Cook committed his offense on May 4,1997. Accordingly, Cook’s habitual offender sentence for the life felony of attempted first degree murder is illegal. Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); see also Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Woodson v. State, 777 So. 2d 1167 (Fla. 3d DCA 2001);. James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000). We reverse the trial court’s order denying Cook’s motion and remand the case for resentencing on the attempted first degre…
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Gordon v. State, 793 So. 2d 1126 (Fla. 5th DCA 2001)…ts to the sentencing guidelines violated the single-subject rule. See Mitchell v. State, 775 So. 2d 428 (Fla. 5th DCA 2001)(habitual offender sentences are not affected by Heggs as such sentences are not guideline sentences); see also Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001)(same). Similarly, since Gordon was not sentenced as a violent career criminal, his sentence was not affected by Thompson, which held that Chapter 95-182, creating the violent career criminal [*1127] sentencing category, violated t…
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Hawkins v. State, 195 So. 3d 1196 (Fla. 1st DCA 2016)…631 (Fla. 2d DCA 2004); Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004); Bines v. State, 837 So. 2d 1146 (Fla. 1st DCA 2003); Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002); Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000); Hankerson v. State, 765 So. 2d 982 (Fla. 4th DCA 2000). Accordingly, we reverse and remand for the trial court to resentence the appellant on the sexual battery count only purs…