STATE OF FLORIDA, PETITIONER,
v.
DAVID ALLEN FULLER, RESPONDENT
STATE OF FLORIDA, PETITIONER,
DAVID ALLEN FULLER, RESPONDENT
887 So. 2d 1236
Florida Supreme Court (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The State of Florida petitions for review of Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA 2004), which certified conflict with the decision in Davis v. State, 710 So. 2d 1051 (Fla. 1st DCA 1998). Although we have jurisdiction, see art. V, § 3(b)(4), Fla. Const., given the First District’s recent decision in Kiedrowski v. State, 876 So. 2d 692 (Fla. 1st DCA 2004), which followed Fuller and distinguished Davis, we conclude that no actual conflict exists and decline to exercise our discretion to review the case.
It is so ordered.
PARIENTE, C.J., and WELLS, QUINCE, CANTERO and BELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lacharvis Williams v. State, 10 So. 3d 1116 (Fla. 5th DCA 2009)…ntence beyond the statutory maximum on one or more counts arising from a single criminal episode, consecutive sentencing cannot be used to further lengthen the overall sentence. See Fuller v. State, 867 So. 2d 469, 470 (Fla. 5th DCA), review denied, 887 So. 2d 1236 (Fla.2004). Although the State calls our attention to Reeves v. State, 920 So. 2d 724 (Fla. 5th DCA 2006), approved, 957 So. 2d 625 (Fla.), cert. denied, — U.S. -, 128 S.Ct. 537, 169 L.Ed.2d 377 (2007), that case does not authorize the sentence he…
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Evans v. State, 1 So. 3d 1195 (Fla. 5th DCA 2009)…State, 969 So. 2d 489 (Fla. 5th DCA 2007); Jones v. State, 894 So. 2d 1070 (Fla. 4th DCA 2005). In the event that Evans does file a future motion, we direct the trial court’s attention to Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA), rev. denied, 887 So. 2d 1236 (Fla. 2004). We affirm the trial court’s order as it relates to Evans’ other grounds for relief without further comment. AFFIRMED. MONACO, LAWSON and COHEN, JJ., concur.…
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Parrish v. State (Fla. 2026)
Authorities Cited
- Fuller v. State, 867 So. 2d 469 (Fla. 5th DCA 2004)
- Kiedrowski v. State, 876 So. 2d 692 (Fla. 1st DCA 2004)
- Aultman v. Singletary, 710 So. 2d 1051 (Fla. 1st DCA 1998)