SYLVESTER PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SYLVESTER PETERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
24 So. 3d 686
Florida District Court of Appeal, Fifth District (2009)
Caution
Cited by 7 cases
Opinion of the Court
Sylvester Peterson appeals from an order summarily denying seven of eight issues raised in his motion for postconviction relief, and setting the eighth issue for an evidentiary hearing. This is a non-final order, which cannot be appealed until the trial court issues its final ruling on the last issue raised in Peterson’s motion. See Fla. R.App. P. 9.141(b)(1) and 9.130(3); Canfield v. Cantele, 837 So.2d 371, 375 (Fla.2002). Accordingly, we dismiss the appeal.
DISMISSED.
MONACO, C.J., and LAWSON and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rockmore v. State, 114 So. 3d 958 (Fla. 5th DCA 2012)…ted by the submission of an erroneous special instruction4 and was nonetheless harmless, given the inconsequential change to the proffered instruction and its redundancy with the standard instruction. We acknowledge conflict with Peterson v. State, 24 So. 3d 686, 690 (Fla. 2d DCA 2009). Although Peterson is in the Baker/Simmons category of cases and can be distinguished for the same reasons, we disagree with its conclusion regarding the necessity and propriety of the special instruction regarding “abandonme…
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Rockmore v. State, 140 So. 3d 979 (Fla. 2014)…ake clear that a legally accurate special instruction on abandonment is always necessary when the defendant presents evidence in support of this defense to robbery, as cogently articulated by the Second District Court of Appeal in Peterson v. State, 24 So. 3d 686, 690 (Fla. 2d DCA 2009). Specifically, Rockmore testified in defense at trial that while fleeing the store, he abandoned the stolen goods as he was chased across several parking lots by a Walmart loss prevention agent. Although the majority holds —…1 / 4
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Peret v. State, 301 So. 3d 437 (Fla. 2d DCA 2020)…1st DCA 1997)). Indeed, "[b]ias or prejudice of a witness has an important bearing on his credibility, and evidence tending to show such bias is relevant." Id. (quoting Webb v. State, 336 So. 2d 416, 418 (Fla. 2d DCA 1976)); see Peterson v. State, 24 So. 3d 686, 689 (Fla. 2d DCA 2009) ("It has long been established that evidence of a witness's interest, motives, animus, or status in relation to the proceeding is not collateral or immaterial."). In Peret's case, Lamond was the only witness at the scene when…
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- Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)