ROYCE M. REED, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROYCE M. REED, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
874 So. 2d 648
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Royce Reed appeals the denial of his motion for post-conviction DNA testing pursuant to section 925.11(l)(a), Florida Statutes (2002), and Florida Rule of Criminal Procedure 3.853. We affirm the trial court’s denial because “[a] defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute.” Smith v. State, 854 So. 2d 684, 685 (Fla. 2d DCA 2003)(citing Stewart v. State, 840 So. 2d 438 (Fla. 5th DCA 2003)).
Affirmed.
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Leftwich v. Fla. Dep't OF Corr., 148 So. 3d 79 (Fla. 2014)…Appeal in Leftwich v. Florida Department of Corrections, 101 So. 3d 404 (Fla. 1st DCA 2012), on the basis that the First District certified that its decision is in conflict with the decision of the Second District Court of Appeal in Downs v. Crosby, 874 So. 2d 648 (Fla. 2d DCA 2004). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. FACTS In 1988, the Florida Legislature enacted the provisional credit statute to reduce overcrowding in the state prison system. See § 944.277(l)(g), Fla. Stat. (Supp.198…1 / 2
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James v. Crosby, Jr., 913 So. 2d 579 (Fla. 2005)…PER CURIAM. We initially accepted jurisdiction to review Downs v. Crosby, 874 So. 2d 648 (Fla. 2d DCA 2004), based on express and direct conflict with a decision of another district court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Clarence W. Downs has been released from custody and said release went unchallenged by the F…
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Zook v. State, 883 So. 2d 332 (Fla. 2d DCA 2004)…082(9)(a)(1)(q) was amended in 2001 to reflect that burglary of a dwelling, whether occupied or not, would be a qualifying offense, the amendment did not take effect until July 1, 2001, and it could not be retroactively applied. See Downs v. Crosby, 874 So. 2d 648, 651 (Fla. [*334] 2d DCA 2004); State v. Miranda, 793 So. 2d 1042, 1044 (Fla. 3d DCA 2001). Because Zook’s offense took place before the effective date of the statutory amendment, the amendment does not apply to him and his sentence must be reversed…
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- Stewart v. State, 840 So. 2d 438 (Fla. 5th DCA 2003)
- Smith v. State, 854 So. 2d 684 (Fla. 2d DCA 2003)