SAMMY ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-12-06
No. 4D03-3838
GROSS, TAYLOR and HAZOURI, JJ., concur.
942 So. 2d 1024 Florida District Court of Appeal, Fourth District (2006) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Ross v. State, 912 So. 2d 4 (Fla. 4th DCA 2005). On the authority of State v. Richardson, 915 So. 2d 86 (Fla.2005), we affirm the habitual felony offender sentence.

GROSS, TAYLOR and HAZOURI, JJ., concur.


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  • Adkinson v. State, 36 So. 3d 836 (Fla. 1st DCA 2010)
    …9.* Eight days later, on August 25, 2009, Appellant filed a pro se motion to withdraw his plea. On September 25, 2009, the trial court entered an order summarily denying the motion on the merits. In its denial, the trial court cited Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006), for the proposition that it had jurisdiction to consider the motion notwithstanding the previously-filed notice of appeal. Adams is distinguishable because in that case the motion to withdraw the plea was filed before the notice…
  • Bolden v. State, 10 So. 3d 710 (Fla. 5th DCA 2009)
    …PER CURIAM. The facts in this case are virtually identical to the facts in Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006). Nine days after the imposition of his sentence, Bolden moved to withdraw his plea. Five days later, and before the motion could be heard, Bolden filed a notice of appeal. The trial court erroneously ruled that it lacked jurisdic…

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