KENNETH STEELE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH STEELE, APPELLANT,
STATE OF FLORIDA, APPELLEE
925 So. 2d 475
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Kenneth Steele appeals the summary denial of his rule 3.850 motion for postcon-viction relief. The trial court denied appellant’s 3.850 motion as untimely without ruling on the merits of appellant’s three claims. The appellant’s rule 3.850 motion was timely filed, as his judgment and sentence were not final until the thirty day period for filing an appeal expired. Napolitano v. State, 782 So. 2d 1012 (Fla. 4th DCA 2001); Caracciolo v. State, 564 So. 2d 1163 (Fla. 4th DCA 1990). Accordingly, the trial court’s denial of these claims is reversed and remanded for an evidentiary hearing or record attachments that conclusively show appellant is not entitled to relief.
FARMER, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Meshell v. State, 980 So. 2d 1169 (Fla. 5th DCA 2008)…the other district courts in Florida do not appear to have applied their Duke double jeopardy analysis of the sexual battery statute to the same list of distinct sex acts proscribed in section 800.04(4), Florida Statutes. See, e.g., Samuel v. State, 925 So. 2d 475 (Fla. 4th DCA 2006) (upholding multiple convictions for lewd and lascivious battery over double jeopardy challenge based upon finding that the acts were both distinct in character and temporally separated so that the defendant had sufficient time to…
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Dirk Schuster v. State, 17 So. 3d 304 (Fla. 4th DCA 2009)…rdy violation because the sexual acts were serial, distinct in character, and appellant had sufficient time between each act to reflect and form a new criminal intent. See Schwenn v. State, 898 So. 2d 1130, 1132 (Fla. 4th DCA 2005); Samuel v. State, 925 So. 2d 475 (Fla. 4th DCA 2006). See also Meshell v. State, 980 So. 2d 1169 (Fla. 5th DCA 2008) quashed by State v. Meshell, 2 So. 3d 132 (Fla.2009). Affirmed. GROSS, C.J., POLEN and HAZOURI, JJ., concur.…
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Quayle Richardson v. State, 971 So. 2d 295 (Fla. 4th DCA 2008)…a Statutes (2006). . Since this matter will be retried, we will briefly address Richardson’s double jeopardy argument. We find no merit to Richardson’s argument that his convictions on Counts I and III violated double jeopardy. See Samuel v. State, 925 So. 2d 475 (Fla. 4th DCA 2006); Darville v. State, 912 So. 2d 63 (Fla. 4th DCA 2005); Schwenn v. State, 898 So. 2d 1130 (Fla. 4th DCA 2005).…
Authorities Cited
- Caracciolo v. State, 564 So. 2d 1163 (Fla. 4th DCA 1990)
- Sambito v. State, 782 So. 2d 1012 (Fla. 4th DCA 2001)