JOHN A. VICKERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-04-07
No. 2D09-147
KHOUZAM and CRENSHAW, JJ., Concur.
37 So. 3d 292 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 3 cases
Opinion of the Court
KELLY, Judge.

KELLY, Judge.

John A. Vickers challenges a final order summarily denying his “motion to vacate conviction of condition # 5,” treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court’s order but write to clarify that Mr. Vickers’ motion, filed more than nine years after his judgment and sentence became final, was untimely and should have been denied for that reason alone. See Fla. R.Crim. P. 3.850(b).

Affirmed.

KHOUZAM and CRENSHAW, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Birge v. Charron, 107 So. 3d 350 (Fla. 2012)
    …LABARGA, J. We have for review Charron v. Birge, 37 So. 3d 292 (Fla. 5th DCA 2010), a case in which the Fifth District Court of Appeal certified, by separate order, conflict with the Fourth District’s decision in Cevallos v. Rideout, 18 So. 3d 661 (Fla. 4th DCA [*353] 2009).1 The certified conflict involves the…
    1 / 2
  • Cevallos v. Keri Ann Rideout, 107 So. 3d 348 (Fla. 2012)
    …nd negligence on the part of the front driver that contributed to bring about the injury-producing collision.1 After the Fourth District released its decision in Cevallos, the Fifth District Court of Appeal released its opinion in Charron v. Birge, 37 So. 3d 292 (Fla. 5th DCA 2010), a case that reaches a contrary holding to that expressed in Cevallos. We granted review of Charron by separate order based on the Fifth District’s certification of conflict with the Fourth District’s decision in Cevallos. Our de…
  • Luanna Shirey and Michael Shirey v. State Farm Mut. Auto. Ins. Co., 94 So. 3d 619 (Fla. 4th DCA 2012)
    …icy with State Farm. . We recognize that Cevallos was distinguished by the Fifth District in Charron v. Birge, and the Florida Supreme Court has also accepted jurisdiction to review Charron based on its conflict with Cevallos. See Charron v. Birge, 37 So. 3d 292 (Fla. 5th DCA 2010), rev. granted, 61 So. 3d 410 (Fla.2011) (table). We decline the Shireys' invitation to await the Florida Supreme Court's decision in Cevallos. . The presumption can also be rebutted by testimony regarding mechanical failures or…

Full citator, related cases, and AI research tools

Open in FLexlaw