DANNY LEE ELLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANNY LEE ELLIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
816 So. 2d 149
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Danny Lee Ellis appeals the denial of a motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one issue raised on appeal merits discussion. While the third ground for relief raised by appellant in the motion appears to warrant an evidentiary hearing, we note that the motion does not contain the proper oath and, therefore, AFFIRM.
BARFIELD, WOLF, and DAVIS, JJ., concur.
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Kerrick Levarr Parker v. State, 18 So. 3d 555 (Fla. 1st DCA 2008)…, 120 S.Ct. 673. Presence in a high-crime area may be the additional factor necessary to support reasonable suspicion, but it is not the only factor that may justify an investigatory stop when combined with flight. For example, in Sinclair v. State, 816 So. 2d 149, 150 (Fla. 1st DCA 2002), this Court held that an officer had reasonable suspicion to stop the defendant after he fled from police, even though there was no indication that the flight occurred in a high-crime area. There, an officer received a compl…
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State v. Lewis, 98 So. 3d 89 (Fla. 4th DCA 2012)…e received a domestic battery complaint, the arresting officer saw the defendant and another man one block away at 3:00 a.m. on an otherwise empty street, and when the officer shined a spotlight in their direction, they both ran); Sinclair v. State, 816 So. 2d 149, 150 (Fla. 1st DCA 2002) (reasonable suspicion existed where, after the police received a prowling complaint, the arresting officer saw the defendant approximately an hour- and-a-half later at 2:00 a.m. walking along a road he could have reached fro…
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Gerome Berry v. State, 86 So. 3d 595 (Fla. 1st DCA 2012)…a. 1st DCA 2008) (holding that officer had reasonable suspicion to conduct an investigatory stop after the defendant began to run given the time of night, emptiness of the street and recent occurrence of domestic battery in area); Sinclair v. State, 816 So. 2d 149, 150 (Fla. 1st DCA 2002) (holding that officer had reasonable suspicion to make a stop when, at 2:00 a.m. following a complaint of a prowler, suspect twice changed directions away from police when an attempt to talk to him was made); Jenkins v. Stat…
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