CHRISTINE LASHAY ROGERS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
CHRISTINE LASHAY ROGERS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
981 So. 2d 1236
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
In light of the absence of an objection by the state, the petition seeking a belated appeal of the August 24, 2007, order finding defendant competent to proceed in Es-cambia County Circuit Court case number 2003-CF-003598A, is granted. Upon issuance of mandate, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D). If petitioner qualifies for the appointment of counsel, the lower tribunal shall appoint counsel to represent her on appeal.
BROWNING, C.J., VAN NORTWICK and LEWIS, JJ., concur.
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Greene v. State, 200 So. 3d 102 (Fla. 5th DCA 2015)…taching an affidavit is a prerequisite for a Rule 3.850 claim based on a newly discovered witness, Fla. R.Crim. P. 3.850(c), dismissal or denial of a motion for failure to attach an affidavit is not an adjudication on the merits. See Hutto v. State, 981 So. 2d 1236, 1238 (Fla. 1st DCA 2008) (“[Successive motions for postconviction relief are procedurally barred only when a prior motion for postconviction relief was adjudicated on [*104] the merits and not when the previous motion was summarily denied or dismis…
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Meldon Rich v. State, 21 So. 3d 842 (Fla. 1st DCA 2009)…s already sought relief pursuant to rule 3.850, and the merits of this petition were considered by a circuit court. Thus, even if the habeas petition were treated as a motion under rule 3.850, it would be impermissible as successive, Hutto v. State, 981 So. 2d 1236 (Fla. 1st DCA 2008), and as untimely, since Rich’s convictions for murder and sexual battery became final in 2001. Rule 3.850(b) (imposing a two-year window of time to file a motion for post-conviction relief in a non-capital case). Rich claims in…
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Hutto v. State, 60 So. 3d 1115 (Fla. 1st DCA 2011)…claim that his counsel was ineffective for failing to investigate and determine that his prior DUI convictions were uncounseled and thus improperly used to enhance his current DUI conviction is cognizable in a rule 3.850 motion. See Hutto v. State, 981 So. 2d 1236 (Fla. 1st DCA 2008). His claim that his counsel was ineffective for failing to explain the critical elements of the charged crime is similarly cognizable in a rule 3.850 motion. See Pitts v. State, 855 So. 2d 681 (Fla. 1st DCA 2003). REVERSED and…
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