MARSHALL LANDEVERDE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARSHALL LANDEVERDE, APPELLANT,
STATE OF FLORIDA, APPELLEE
989 So. 2d 654
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order that denied Landeverde’s motion. We agree with the second district that Spera v. State, 971 So. 2d 754 (Fla.2007) does not apply retroactively. See Davis v. State, — So. 2d-, 2008 WL 508654 (Fla. 2d DCA Feb. 27, 2008).
POLEN, HAZOURI and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marcial Rodriquez v. State, 993 So. 2d 152 (Fla. 1st DCA 2008)…DCA 2008); [*154] Pierre v. State, 973 So. 2d 547 (Fla. 5th DCA 2008). But see Davis v. State, 993 So. 2d 1045, 1046, 2008 WL 508654 (Fla. 2d DCA Feb. 27, 2008) (rejecting proposition that Spera should be applied retroactively); Landeverde v. State, 989 So. 2d 654 (Fla. 4th DCA 2008) (same reasoning). The Spera issue was preserved only as to Ground Eight in Appellant’s initial brief. See Watson, 975 So. 2d at 573. In the final issue on appeal, Appellant asserts that the circuit court erred in summarily denyi…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)