TOBY L. ROYAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TOBY L. ROYAL, APPELLANT,
STATE OF FLORIDA, APPELLEE
908 So. 2d 1167
Florida District Court of Appeal, Second District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Toby L. Royal challenges the trial court’s order summarily dismissing as untimely his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although we conclude that Royal’s motion was timely filed, we affirm the order of dismissal because the State’s “shotgun” notice of intent to seek enhanced penalties pursuant to section 775.084, Florida Statutes (1995), provided Royal with adequate notice of the classification and penalty he would be subject to upon conviction. See Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005). Consequently, Royal is not entitled to the relief requested in his motion.
Affirmed.
KELLY, CANADY, and WALLACE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Monfiston v. State, 924 So. 2d 61 (Fla. 4th DCA 2006)…Since Washington was rendered in February 2005, at least twenty-eight cases have relied on its holding, according to a citation check. So far, the Second, Third, and Fifth Districts have all cited Washington with approval. See, e.g., Royal v. State, 908 So. 2d 1167 (Fla. 2d DCA 2005); Reese v. State, 899 So. 2d 428 (Fla. 3d DCA 2005); Barfield v. State, 909 So. 2d 940 (Fla. 5th DCA 2005). There are undoubtedly more cases in the pipeline which raise this issue, and we are aware of numerous cases which have rais…
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Lightfoot v. State, 243 So. 3d 343 (Fla. 2d DCA 2018)…ee § 775.084(4)(a)(1), Fla. Stat. (2001); Martinez v. State, 211 So. 3d 989 (Fla. 2017); Johnson v. State, 60 So. 3d 1045 (Fla. 2011); Miller v. State, 460 So. 2d 373 (Fla. 1984); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Royal v. State, 908 So. 2d 1167 (Fla. 2d DCA 2005); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002); State v. Gray, 633 So. 2d 105 (Fla. 2d DCA 1994); Aroche v. State, 993 So. 2d 568 (Fla. 3d DCA 2008); Stoute v. State, 915 S…
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Waters v. State, 268 So. 3d 133 (Fla. 2d DCA 2019)…2d 1295 (Fla. 1992); Ross v. State, 601 So. 2d 1190 (Fla. 1992); Lamb v. State, 32 So. 3d 117 (Fla. 2d DCA 2009); Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006) (en banc); State v. Dehart, 913 So. 2d 616 (Fla. 2d DCA 2005); Royal v. State, 908 So. 2d 1167 (Fla. 2d DCA 2005); Hall v. State, 821 So. 2d 1154 (Fla. 2d DCA 2002); Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014); Williams v. State, 898 So. 2d 966 (Fla. 3d - 2 - DCA 2005); Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005); Davis…
Authorities Cited
- Washington v. State, 895 So. 2d 1141 (Fla. 4th DCA 2005)