DERRICK J. BURKS A/K/A DAVID J. BURKS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
  …, 356 n. 2 (Fla. 3d DCA 1995). The decisions of the Fourth District Court of Appeal are mixed. See, e.g., Mattern v. State, 829 So. 2d 937, 937 (Fla. 4th DCA 2002) (stating that venue lies in the county where the prisoner is housed); Burks v. State, 789 So. 2d 430, 430 (Fla. 4th DCA 2001) (same); Smith v. State, 785 So. 2d 1237, 1237 (Fla. 4th DCA 2001) (same); but see Harris v. State, 713 So. 2d 1106, 1106 (Fla. 4th DCA 1998) (stating that venue lies in Leon County). And the decisions of the Fifth District C…
• Hunt v. State, 798 So. 2d 788 (Fla. 4th DCA 2001)
  …inistrative grievance was denied, Hunt filed a second motion under Florida Rule of Criminal Procedure 3.850. The proper remedy would have been a petition for writ of mandamus filed in the circuit court where Hunt is incarcerated. See Burks v. State, 789 So. 2d 430 (Fla. 4th DCA 2001). The trial court summarily denied that motion, and Hunt brought this appeal. We affirm the denial of the second motion without prejudice to Hunt to file a petition for writ of mandamus in the circuit court with territorial juri…
• Davis v. State, 800 So. 2d 336 (Fla. 4th DCA 2001)
  …0). Sentencing is one critical stage of a criminal proceeding at which a defendant is entitled to counsel. Id. Appellant’s re-sentencing under Heggs was a critical stage of the proceedings involving more than a ministerial act. See Ingram v. State, 789 So. 2d 430, 431 (Fla. 4th DCA 2001). In Ingram, the defendant was originally sentenced to 72 months in prison, with credit for time served. As in [*338] this case, the defendant moved to correct his sentence under Heggs. Since the defendant had been sentenced…

Authorities Cited

• Dep't of Corr. v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997)
• Bedford v. State, 775 So. 2d 402 (Fla. 4th DCA 2000)