CARL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL WALKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
800 So. 2d 698
Florida District Court of Appeal, Fifth District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
GRIFFIN, J.
The defendant below, Carl Walker, convicted of trafficking in cocaine, resisting arrest with violence and two counts of aggravated battery upon a law enforcement officer, appeals, contending that the trial judge should have granted his motion for judgment of acquittal and that his sentence was improperly enhanced. The convictions are supported by the record and are affirmed. As to the sentence, we also affirm based on King v. State, 763 So. 2d 546 (Fla. 5th DCA), review denied, 779 So. 2d 271 (Fla.2000).
AFFIRMED.
PLEUS and PALMER, JJ., concur.
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Monfiston v. State, 54 So. 3d 632 (Fla. 4th DCA 2011)…court’s decision on direct appeal. As such, his motion was timely filed. See Ortiz v. State, 4 So. 3d 794 (Fla. 4th DCA 2009); Witt v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004); Perkins v. State, 845 So. 2d 273 (Fla. 2d DCA 2003); Cargle v. State, 800 So. 2d 698 (Fla. 1st DCA 2001). Accordingly, we reverse and remand for the circuit court to entertain appellant’s motion for postconviction relief. Reversed and Remanded. STEVENSON, MAY and DAMOORGIAN, JJ., concur.…
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Rico L. Cargle v. State, 829 So. 2d 366 (Fla. 1st DCA 2002)…PER CURIAM. Appellant appeals the summary denial of his rule 3.850 motion for postconviction relief upon remand by this Court. See Cargle v. State, 800 So. 2d 698 (Fla. 1st DCA 2001). In his motion, Appellant alleged that the trial court erred in reclassifying his aggravated battery conviction from a second-degree felony to a first-degree felony based on his use of a weapon [*367] where use of the weapon was…
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Witt v. State, 861 So. 2d 1292 (Fla. 5th DCA 2004)…1 (Fla. 5th DCA 2002), we held that it was error to dismiss a 3.850 motion as untimely when it was filed within two years of a determination by the Supreme Court not to review a case in which it could exercise jurisdiction. See also Cargle v. State, 800 So. 2d 698 (Fla. 1st DCA 2001). Compare Beaty (when a direct appeal is affirmed per curiam without opinion, the Supreme Court lacks jurisdiction to review, and a rule 3.850 motion must, therefore, be filed within two years of the mandate of the district court…
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- King v. State, 763 So. 2d 546 (Fla. 5th DCA 2000)