VINCENT LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Vincent Lee appeals the summary denial of his rule 3.850/800(a) motion, which the trial court properly treated as a rule 3.800(a) motion. A rule 3.850 motion would have been impermissibly untimely and successive. The order of denial appears to contain a scrivener’s error, in that it bases the denial on the reasoning of the state’s response, yet no state’s response was attached. The office of the clerk of court indicates that no state response to this motion was ever filed. We nevertheless affirm, as neither ground of the motion challenging the defendant’s habitual sentence has any merit. See, e.g., Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000); Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004); McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004).
WARNER, POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Jones v. State, 964 So. 2d 167 (Fla. 5th DCA 2007)…sdiction to entertain an application for a revocation of probation based upon a violation that occurred during the probation period unless, during the term of probation, appropriate steps were taken to revoke or modify probation. Stambaugh v. State, 891 So. 2d 1136, 1139 (Fla. 4th DCA 2005). The appropriate steps require the issuance of an arrest warrant based upon an affidavit alleging a violation of probation. Id.; see also Baroulette v. McCray, 904 So. 2d 575, 576-77 (Fla. 3d DCA 2005) (holding mere filing…
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Sepulveda v. State, 909 So. 2d 568 (Fla. 2d DCA 2005)…arrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. Shropshire v. State, 775 So. 2d 349, 350 (Fla. 2d DCA 2000); Baroulette v. McCray, 904 So. 2d 575, 576 (Fla. 3d DCA 2005); Stambaugh v. State, 891 So. 2d 1136, 1139 (Fla. 4th DCA 2005). Under section 901.02(1), the warrant is issued when the judge signs it. Morgan v. State, 757 So. 2d 618, 619 n. 1 (Fla. 2d DCA 2000); Slingbaum v. State, 751 So. 2d 89, 90 n. 2 (Fla. 2d DCA 1999). With respect to the time…
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Jean-Gilles v. State, 921 So. 2d 860 (Fla. 4th DCA 2006)…rt shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. § 948.06(1), Fla. Stat. (2003) (emphasis added). In Stambaugh v. State, 891 So. 2d 1136 (Fla. 4th DCA 2005), this court addressed a similar situation where an affidavit was filed, but no warrant. Noting the statutory language, the court held that the probationary period was not tolled in Stambaugh, stating “[wjithout the issuance of an…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
- Boyd v. State, 880 So. 2d 726 (Fla. 2d DCA 2004)
- Hollis v. State, 763 So. 2d 1155 (Fla. 4th DCA 2000)