JOSEPH FRITZNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Trizell E. Johnson v. State, 881 So. 2d 88 (Fla. 5th DCA 2004)
  …OC to compute and apply credit for time served in state prison). The order denying relief is REVERSED, and the case REMANDED to the trial court for the correction of defendant’s sentence. PETERSON and GRIFFIN, JJ., concur. . Cf. Fritznerv. State, 864 So. 2d 574 (Fla. 5th DCA 2004); McKowen v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002).…
• Hankerson v. State, 897 So. 2d 555 (Fla. 5th DCA 2005)
  …PER CURIAM. ON MOTION TO ENFORCE MANDATE Horace Hankerson filed a petition for writ of mandamus on January 13, 2005, which we treat as a motion to enforce the mandate issued in Hankerson v. State, 864 So. 2d 574 (Fla. 5th DCA 2004). We recognize that the circuit court attempted to comply with our mandate by issuing an amended order, but the same was directed to the wrong case. Specifically, the amended order should have only referenced case no. 97-387. Acco…
• Gallinat v. State, 909 So. 2d 426 (Fla. 5th DCA 2005)
  …to file a motion pursuant to Rule 3.850, or seek other remedies. See State v. Mancino, 714 So. 2d 429 (Fla.1998); Atwood v. State, 765 So. 2d 242 (Fla. 1st DCA 2001). We en banc this case because we recede from any inference in Hankerson v. State, 864 So. 2d 574 (Fla. 5th DCA 2004) that holding an evidentiary hearing is proper to resolve matters raised in motions filed pursuant to Rule 3.800(a). We reaffirm this court’s position on this issue, as expressed in Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002…

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Authorities Cited

• Saylor v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002)
• McKOWEN v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002)