GABRIEL STEVENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-08-14
No. 2D00-4138
ALTENBERND and SALCINES, JJ., concur.
823 So. 2d 310 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 5 cases

Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Affirmed without prejudice to any right Mr. Stevenson might have to file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.850. See Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000). Appellant shall file any such motion within sixty days from the date of the issuance of the mandate in this case.

ALTENBERND and SALCINES, JJ., concur.


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  • Howard v. Fla. Parole Comm'n, 939 So. 2d 247 (Fla. 1st DCA 2006)
    …efore determining whether FPC abused its discretion. Here, the circuit court was required to review the psychological evaluation considered by FPC to determine whether FPC abused its discretion in declining to authorize an EPRD. See Welsch v. State, 823 So. 2d 310 (Fla. 2d DCA 2002) (stating that a circuit court is required to review the record, including an inmate’s psychological evaluation, considered by FPC before entering its final order). Accordingly, we grant the petition for writ of certiorari, quash…
  • Wilson v. Fla. Parole Comm'n, 944 So. 2d 1111 (Fla. 2d DCA 2006)
    …release by the Florida Parole Commission (“Commission”). We grant the petition. The circuit court, sitting in its appellate capacity, is required to review the record considered by the Commission prior to entering its final order. Welsch v. State, 823 So. 2d 310, 311-12 (Fla. 2d DCA 2002). In this case, however, the Commission failed to provide the complete record to the circuit court for its review, as it is required to do. Id.; see also Williams v. Fla. Parole Comm’n, 625 So. 2d 926, 940 (Fla. 1st DCA 199…
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