DANA SHEWBRIDGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Dana Shewbridge appeals the trial court’s order denying his motion under Rule 3.800(b), Florida Rules of Criminal Procedure, for additional jail time credit while he was incarcerated in Leon County, Florida for charges unrelated to the instant case. A detainer had been served under the instant case while Shewbridge was incarcerated under the Leon County case.
We affirm the trial court’s order for the reason stated in the Fourth District’s opinion in Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001) and certify conflict with Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001) and Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000). See also Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992).
AFFIRMED; CERTIFY CONFLICT.
SHARP, W., PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lottimer v. N. Broward Hosp. Dist., 889 So. 2d 165 (Fla. 4th DCA 2004)…, 475 So. 2d 1266, 1266-67 (Fla. 4th DCA 1985). This is so even if the main panel has been accepted, the parties are selecting alternates, and one party chooses to exercise an unused peremptory to a juror on the main panel. See Van Sickle v. Zimmer, 807 So. 2d 182 (Fla. 2d DCA 2002); Peacher v. Cohn, 786 So. 2d 1282 (Fla. 5th DCA 2001). Appellees seek to distinguish the instant appeal because plaintiff had already exercised his two challenges to the alternates when he sought to exercise another strike to the…
-
Tatum v. State, 811 So. 2d 849 (Fla. 3d DCA 2002)…e he was in the Dade county jail awaiting transportation to the State prison on another charge. In so doing, we agree with and follow the Fourth District’s decision in Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001); accord Shewbridge v. State, 807 So. 2d 182 (Fla. 5th DCA 2002), and certify conflict with Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)(en banc) and Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000).1 We simply cannot agree that the filing of a piece of paper which is not causally relat…
-
Roberts v. State, 937 So. 2d 781 (Fla. 2d DCA 2006)…peremptory challenge is, by definition, a challenge that ‘need not be supported by any reason.’ ”). A trial court’s failure to permit a party to exercise its peremptory challenges in accordance with the law is reversible error. Van Sickle v. Zimmer, 807 So. 2d 182 (Fla. 2d DCA 2002). Here, the trial court did not permit Roberts to exercise his peremptory strikes in accordance with the law. Instead, the trial court improperly required Roberts to give a reason for his intended strikes and improperly attempted…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)
- Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)
- Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000)