LAWRENCE G. WEED, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LAWRENCE G. WEED, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
802 So. 2d 501
Florida District Court of Appeal, Third District (2001)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying defendant’s habeas corpus petition without prejudice, and remand with instructions that the trial court transfer the petition to the circuit court that allegedly awarded improper credit for time served. See Pettway v. State, 776 So. 2d 930 (Fla.2000); Gillard v. Florida Parole Comm., 784 So. 2d 1214 (Fla. 1st DCA 2001).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)…ides”). By contrast, reversal is warranted where the successor judge either fails to familiarize himself or herself with the case or completely abdicates to the prior judge’s findings without performing an independent analysis. See Salters v. State, 802 So. 2d 501, 502 (Fla. 4th DCA 2001) (reversing where the successor judge “declined to familiarize [him]self with the case” and instead sentenced the defendant in conformity with the previous judge’s “intension] to impose the most stringent [*841] sentence poss…
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Salters v. State, 857 So. 2d 977 (Fla. 4th DCA 2003)…ge refused to read the record to familiarize himself with the case before deciding on the sentence, however, and imposed the maximum sentence allowable as a violent career criminal. On review we reversed the newly imposed sentence. Salters v. State, 802 So. 2d 501 (Fla. 4th DCA 2001). Upon remand the case was returned to the same successor judge. Defendant moved to disqualify the judge. His motion stated under oath that he feared he would not receive an impartial sentence proceeding de novo because the judge…
Authorities Cited
- Pettway v. State, 776 So. 2d 930 (Fla. 2000)
- Gillard v. Fla. Parole Comm'n, 784 So. 2d 1214 (Fla. 1st DCA 2001)