JABIR FORT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JABIR FORT, APPELLANT,
STATE OF FLORIDA, APPELLEE
902 So. 2d 842
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Although we affirm this case on the authority of Atkins v. State, 785 So. 2d 1219 (Fla. 4th DCA 2001), and State v. Gibson, 783 So. 2d 1155 (Fla. 5th DCA 2001), we do so without prejudice to the appellant to seek relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Cf. State v. Clifton, 895 So. 2d 513 (Fla. 5th DCA Feb.11, 2005).
AFFIRMED.
SAWAYA, C.J., PETERSON and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 48 So. 3d 777 (Fla. 2010)…eer v. Florida Department of Highway Safety & Motor Vehicles, 20 So. 3d 915 (Fla. 1st DCA 2009), based on express and direct conflict with the decision of the Fourth District Court of Appeal in Doyon v. Department of Highway Safety & Motor Vehicles, 902 So. 2d 842 (Fla. 4th DCA 2005). After further consideration of the issues involved, we have determined that we should exercise our discretion to deny review. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. It is so ordered.…
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Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 20 So. 3d 915 (Fla. 1st DCA 2009)…not a sentencing court, and had no independent statutory authority. See Embrey v. Dickenson, 906 So. 2d 316, 318 (Fla. 1st DCA 2005); Dickenson v. Aultman, 905 So. 2d 169, 171-72 (Fla. 3d DCA 2005); Doyon v. Dept. of Highway Safety & Motor Vehicles, 902 So. 2d 842, 844 (Fla. 4th DCA 2005). In response to these cases, the legislature enacted section 322.2715, Florida Statutes (2005). Among other things, this provision authorized the Department to require the installation of the device whenever the sentencing c…1 / 2
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Karz v. Dickenson, 932 So. 2d 426 (Fla. 2d DCA 2006)…tratively when the trial court did not impose the restriction during sentencing. See Embrey v. Dickenson, 906 So. 2d 316 (Fla. 1st DCA 2005); Dickenson v. Aultman, 905 So. 2d 169 (Fla. 3d DCA 2005); Doyon v. Dep’t of Highway Safety & Motor Vehicles, 902 So. 2d 842 (Fla. 4th DCA 2005).1 We agree with those decisions and adopt the reasoning [*428] set forth therein in this case.2 Accordingly, we reverse the final order of the trial court. Reversed and remanded. ALTENBERND and DAVIS, JJ., Concur. . The nature…
Authorities Cited
- State v. Gibson, 783 So. 2d 1155 (Fla. 5th DCA 2001)
- Anglia Jacs & Co., Inc. v. Dubin, 783 So. 2d 1155 (Fla. 4th DCA 2001)
- Santiago v. State, 785 So. 2d 1219 (Fla. 5th DCA 2001)
- Atkins v. State, 785 So. 2d 1219 (Fla. 4th DCA 2001)
- State v. Clifton, 895 So. 2d 513 (Fla. 5th DCA 2005)