JEFFREY PATE, APPELLANT,
v.
JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
JEFFREY PATE, APPELLANT,
JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
881 So. 2d 41
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The order dismissing appellant’s petition for writ of mandamus is reversed and the matter remanded on the authority of Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004). On remand, the circuit court shall consider the merits of the petition.
ERVIN, ALLEN and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 268 So. 3d 831 (Fla. 1st DCA 2019)…vidence and argument regarding a sentence constitutes a denial of due process and is fundamental error. Davenport v. State, 787 So. 2d 32, 32 (Fla. 2d DCA 2001); Ventura v. State, 741 So. 2d 1187, 1189 (Fla. 3d DCA 1999); see also Colette v. State, 881 So. 2d 41, 42 (Fla. 1st DCA 2004) (“Because the trial court refused to ‘entertain submissions and evidence by the parties that are relevant to the sentence’ . . . , we reverse and remand for further proceedings.”) (quoting Petrucelli v. State, 855 So. 2d 150,…
Authorities Cited
- Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)