RICHARDSON FRANCOIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-04-12
No. 3D06-484
Before WELLS, CORTINAS, and ROTHENBERG, JJ.
934 So. 2d 536 Florida District Court of Appeal, Third District (2006) Caution
Cited by 8 cases

Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Richardson Francois appeals from denial of a Rule 3.850 postconviction motion in which he claimed that the court below had no jurisdiction to impose a judgment of conviction and sentence on him because the Assistant State Attorney who signed the information charging him was not duly designated. We affirm first because Francois’ motion demonstrates that this, his third Rule 3.850 motion, is untimely, and second because his claim “could and should have been raised in a motion to dismiss, and then on direct appeal,” or in one of his previously filed, timely Rule 3.850 motions. See Robinson v. State, 925 So. 2d 373 (Fla. 5th DCA 2006).

Affirmed.


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  • Ceballo v. Citizens Prop. Ins. Corp., 967 So. 2d 811 (Fla. 2007)
    …ANSTEAD, J. This case is before the Court for review of the decision of the Third District Court of Appeal in Citizens Property Insurance Corp. v. Ceballo, 934 So. 2d 536 (Fla. 3d DCA 2006). The district court certified that its decision is in direct conflict with the decision of the Fourth District in Mierzwa v. Florida Windstorm Underwriting Ass’n, 877 So. 2d 774 (Fla. 4th DCA 2004). We have jurisdiction. See art.…
  • Vanguard Fire & Cas. Co. v. Golmon, 955 So. 2d 591 (Fla. 1st DCA 2006)
    …ut also Other Structures coverage, Ordinance and Law coverage, Personal Property coverage, and Loss of Use coverage. These various coverages are not governed by the Valued Policy Law or the Mierzwa decision. See Citizens Prop. Ins. Corp. v. Ceballo, 934 So. 2d 536 (Fla. 3rd DCA 2006). Therefore, even if Vanguard’s admission of limited liability under the Valued Policy Law means that it is liable for the full policy limits as to the dwelling itself under the Mierzwa decision, the extent of loss or damage under…
  • Citizens Prop. Ins. Corp. v. Ueberschaer, 956 So. 2d 483 (Fla. 1st DCA 2007)
    …er structures coverage because the VPL does not apply to those types of coverages. We agree. Recently, in Vanguard Fire & Casualty Co. v. Golmon, 955 So. 2d 591, 594 (Fla. 1st DCA 2006), this Court cited Citizens Property Insurance Corp. v. Ceballo, 934 So. 2d 536 (Fla. 3d DCA 2006), for the proposition that other structures coverage, ordinance or law coverage, personal property coverage, and loss of use coverage are not governed by the VPL or Mierzwa. Thus, this court found that even if the [*490] insurer’s…

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