PATRICK G. SWEENEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Under rule 3.800(a), Appellant challenges the minimum mandatory portion of his 1991 sentence for attempted murder of a law enforcement officer. The lower court dismissed the motion under the belief the issue had been litigated in various rule 3.850 motions or on direct appeal. The lower court failed to attach any document supporting this conclusion and our records reveal none. From the face of the record, Sweeney is not entitled to the relief he seeks. Thus the lower court should have denied relief on the merits and not dismissed the case as procedurally barred. Remand for such an order would be a waste of judicial resources and thus we choose to affirm on the merits. See generally Richardson v. State, 918 So. 2d 999, 1004 (Fla. 5th DCA 2006) (refusing to remand where the trial court improperly denied a petition, where dismissal was the proper disposition).
GUNTHER, FARMER, and SHAHOOD, JJ„ concur.
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Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)…o overcome rather than the trial court to justify, and that mere “harmless error” cannot justify reversal. §§ 59.041, 924.051(7), Fla. Stat. (2006). That it is not only unwise, but unnecessary, to do any of these things is shown by Sweeney v. State, 944 So. 2d 474, 2006 WL 3421802 (Fla. 4th DCA Case no. 04D06-4205, opinion filed, Nov. 29, 2006), in which the court held: Under rule 3.800(a), Appellant challenges the minimum mandatory portion of his 1991 sentence for attempted murder of a law enforcement offic…
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Johnson v. State, 994 So. 2d 960 (Fla. 2008)…LEWIS, J. We have for review Johnson v. State, 944 So. 2d 474 (Fla. 4th DCA 2006), which expressly and directly conflicts with the [*962] decisions in State v. Upton, 658 So. 2d 86 (Fla.1995), and Tucker v. State, 559 So. 2d 218 (Fla.1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Flo…1 / 2
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Anderson v. State, 229 So. 3d 383 (Fla. 4th DCA 2017)…out referencing the statutory authority to support the assessments. We have repeatedly held that it is unnecessary for a trial court to refer to the specific statutory authority for imposing costs in a written sentencing order. See Johnson v. State, 944 So. 2d 474, 477 (Fla. 4th DCA 2006); Lyons v. State, 837 So. 2d 540, 541 (Fla. 4th DCA 2003); I.B. v. State, 806 So. 2d 610, 612-13 (Fla. 4th DCA 2002), abrogated on other grounds as stated in D.G. v. State, 896 So. 2d 920, 921-22 (Fla. 4th DCA 2005). Indeed,…
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- Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)