LAWRENCE TUCKER, JR. PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
Tucker petitions this court to issue a writ of habeas corpus to permit the late filing of his appeal in a criminal case. He alleges his trial counsel led him to believe an appeal had been timely filed, when in fact it had not been filed. This is a meritorious circumstance for which belated appeals in criminal cases are granted. However, Tucker’s petition is not sworn to as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). Accordingly, we deny Tucker’s petition without prejudice to file a sworn petition in compliance with rule 9.141(c)(3)(F).
Petition for Belated Notice of Appeal DENIED Without Prejudice.
SAWAYA, C.J., SHARP, W., and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 186 So. 3d 989 (Fla. 2016)…imum imprisonment terms for multiple firearm offenses is impermissible if the- offenses arose from the same criminal episode and a firearm was merely possessed but not discharged. See id. at 925; Palmer, 438 So. 2d at 4; see also Perreault v. State, 853 So. 2d 604, 606 (Fla. 5th DCA 2003) (“It has long been held that the Legislature did not intend for minimum mandatory terms to run consecutive to each other when the firearm offenses all occurred during the same criminal episode. This precedent predates the ‘1…
-
Johnson v. State, 899 So. 2d 1283 (Fla. 5th DCA 2005)…secutively. Johnson argues that the ten-year minimum mandatory terms should run concurrently because the crimes occurred during a single criminal episode. We agree and remand for resen-tencing in accordance with this opinion. See Perreault v. State, 853 So. 2d 604 (Fla. 5th DCA 2003). Because this corrected sentence has no impact on the term of Johnson’s incarceration, he need not be present at resentenc-ing. Convictions AFFIRMED, sentences REMANDED for correction. PALMER, ORFINGER and MONACO, JJ., conc…
-
Miller v. State, 265 So. 3d 457 (Fla. 2018)…ple firearm offenses is impermissible if the offenses arose from the same criminal episode." Williams , 186 So. 3d at 993 (citing State v. Sousa , 903 So. 2d 923, 927 (Fla. 2005) ; Palmer v. State , 438 So. 2d 1, 4 (Fla. 1983) ; Perreault v. State , 853 So. 2d 604, 606 (Fla. 5th DCA 2003) ). Where, during a single criminal episode, there are multiple victims or multiple injuries to a single victim, consecutive sentences are permitted at the discretion of the trial judge. See Sousa , 903 So. 2d at 925-26 ; Sta…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence