RICHARD S. O'RILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVIS, Judge.
Richard S. O’Riley contends on appeal that remarks made by the trial court judge at the postconviction hearing indicate that the judge had been biased against him in imposing sentence. Having found no merit in O’Riley’s argument, we affirm. However, given the fact that O’Riley filed a premature, improperly designated motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), which we have not addressed, we affirm without prejudice to O’Riley now filing a motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), if appropriate.
Affirmed.
ALTENBERND and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Figueroa v. State, 84 So. 3d 1158 (Fla. 2d DCA 2012)…gueroa should have been granted relief when he first raised this issue on direct appeal. In order “to prevent a manifest injustice and a denial of due process, relief may be afforded even to a litigant raising a successive claim.” Stephens v. State, 974 So. 2d 455, 457 (Fla. 2d DCA 2008); see also State v. McBride, 848 So. 2d 287, 291-92 (Fla.2003) (concluding that the collateral estoppel doctrine contains an exception where manifest injustice is shown). That relief may be conferred in the exercise of this co…
-
Johnson v. State, 9 So. 3d 640 (Fla. 4th DCA 2009)…the sentence is valid. The trial court so held in denying his latest motion under rule 3.800(a). Since we last considered his contention, however, the Second District faced an identical claim under nearly identical circumstances. Stephens v. State, 974 So. 2d 455 (Fla. 2d DCA 2008). There the Second District recognized that it had failed to perceive on direct appeal “that a fundamental sentencing error had occurred” and that defendant “was deprived of a real opportunity to have his sentence reconsidered.” 97…
-
Lavoris Johnson v. State, 226 So. 3d 908 (Fla. 4th DCA 2017)…e petition as successive, but maintains that we must grant relief to prevent a manifest injustice. We agree. This Court has “inherent authority to grant a writ of habeas corpus to avoid incongruous and manifestly unfair results.” Stephens v. State, 974 So. 2d 455, 457 (Fla. 2d DCA 2008). Relief may be granted even on a successive petition or claim where failing to do so would result in manifest injustice. Figueroa v. State, 84 So. 3d 1158, 1162 (Fla. 2d DCA 2012); Stephens, 974 So. 2d at 457. Disparate trea…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence