LEROY GOODWIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEROY GOODWIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
930 So. 2d 862
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Leroy Goodwin appeals the summary denial of his motion for post-conviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for the trial court to entertain Goodwin’s motion on its merits, as we find the motion legally sufficient. Hitchcock v. State, 866 So. 2d 23 (Fla.2004); Caymitte v. State, 868 So. 2d 681 (Fla. 4th DCA 2004).
Reversed and Remanded.
KLEIN, SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Tabias Calvert, 15 So. 3d 946 (Fla. 4th DCA 2009)…ailure to object to a trial court’s imposition of a downward departure sentence without providing written reasons or engaging in the proper analysis is unpreserved error. State v. Doit, 929 So. 2d 1190, 1191 (Fla. 4th DCA 2006); State v. Golkiewicz, 930 So. 2d 862, 862-63 (Fla. 4th DCA 2006) (“The state challenges the circuit court’s imposition of a downward departure sentence without providing written reason» or engaging in the proper analysis. We affirm the sentence because the state failed to preserve the…
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State v. Green, 12 So. 3d 796 (Fla. 3d DCA 2009)…must call the court’s attention to the need for downward departure reasons with a proper objection. See State v. Merriweather, 875 So. 2d 1288 (Fla. 3d DCA 2004); State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998); see also State v. Golkiewicz, 930 So. 2d 862 (Fla. 4th DCA 2006). The State did not object to the downward departure and did not request reasons for the downward departure. The State merely withdrew from negotiations. Affirmed.…
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Goodwin v. State, 91 So. 3d 182 (Fla. 4th DCA 2012)…re 3.858. The trial court denied his motion as legally insufficient. On appeal, however, we determined that the motion was legally sufficient and reversed and remanded to the trial court to entertain Goodwin’s motion on the merits. Goodwin v. State, 930 So. 2d 862 (Fla. 4th DCA 2006). On remand, the trial court held an evi-dentiary hearing on the motion for DNA testing and heard testimony of extensive efforts undertaken by Broward Sheriffs Office Detective Eric Hendel to locate the items identified in Goodwi…
Authorities Cited
- Hitchcock v. State, 866 So. 2d 23 (Fla. 2004)
- Barnes v. State, 868 So. 2d 681 (Fla. 3d DCA 2004)