LITTLE WILLIE HARPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Little Willie Harper filed a rule 3.800(a) motion challenging the trial court’s retention of jurisdiction over one-third of his sentence. His claim is that the trial court failed to enter a written order to justify such retention. Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002).
We have held that this is a proper claim for relief under Florida Rule of Criminal Procedure 3.800(a). See Hernandez, Sapp v. State, 864 So. 2d 75 (Fla. 4th DCA 2003); See also Bingham, v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). Accordingly, we certify conflict with the opinions from the second district holding to the contrary. Wright v. State, 864 So. 2d 1153 (Fla. 2nd DCA 2003); Garcia v. State, 867 So. 2d 625 (Fla. 2nd DCA 2004). The case is reversed and remanded to the trial court to either relinquish the retention of jurisdiction over Harper’s sentence or to make specific individual findings in accordance with the statute on retention of jurisdiction. Hernandez.
POLEN, GROSS and HAZOURI, JJ., concur.
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Martin Cnty. Conservation Alliance & 1000 Friends of Fla., Inc. v. Martin Cnty., 73 So. 3d 856 (Fla. 1st DCA 2011)…presented here was a close call. Appellant MCCA and appellate counsel Richard Grosso have participated in prior appeals challenging development orders which were dismissed for lack of standing: O’Connell v. Florida Department of Community Affairs, 874 So. 2d 673 (Fla. 4th DCA 2004), and Melzer v. Florida Department of Community Affairs, 881 So. 2d 623 (Fla. 4th DCA 2004). In both O’Connell and Melzer, the appellant presented substantially less evidence to support standing than was introduced in the case bef…
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Stranahan House, Inc. v. City OF Fort Lauderdale, 967 So. 2d 427 (Fla. 4th DCA 2007)…is without merit. The adoption of section 163.3215 liberalized the standing requirements for enforcing a comprehensive plan. Payne v. City of Miami, 927 So. 2d 904, 906-07 (Fla. 3d DCA 2005). In O’Connell v. Florida Department of Community Affairs, 874 So. 2d 673, 676 (Fla. 4th DCA 2004), this court dismissed an appeal based on the appellants’ lack of standing. The appellants challenged certain amendments to the Comprehensive Growth Management Plan adopted by Martin County. O’Connell, 874 So. 2d at 674. They…
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Melzer v. Fla. Dep't OF Cmty. Affairs, 881 So. 2d 623 (Fla. 4th DCA 2004)…er natural resources. The amendments give the county more flexibility in locating schools and other public facilities near those areas. On the standing issue, this case is indistinguishable from O’Connell v. Florida Department of Community Affairs, 874 So. 2d 673 (Fla. 4th DCA 2004), in which we held that Melzer and the Alliance did not have standing to appeal different amendments to the same plan. Although our opinion did not reflect it, the record in O’Connell shows that the amendments determined that more…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)
- MacIas v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993)
- Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)
- Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002)
- Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)
- Nichols v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002)
- Sapp v. State, 864 So. 2d 75 (Fla. 4th DCA 2003)
- Garcia v. State, 867 So. 2d 625 (Fla. 2d DCA 2004)
- Harrell v. State, 867 So. 2d 625 (Fla. 2d DCA 2004)