DAVID RICHARD WEEKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-09-01
No. 2D10-895
ALTENBERND and WHATLEY, JJ., Concur.
42 So. 3d 962 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 9 cases

Opinion of the Court
KHOUZAM, Judge.

KHOUZAM, Judge.

The order of the postconviction court denying David Weeks’ motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed. Our affirmance is without prejudice to any right that Weeks may have to file a timely, facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850.

ALTENBERND and WHATLEY, JJ., Concur.


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  • D.R. v. J.R., 203 So. 3d 952 (Fla. 5th DCA 2016)
    …nding the trial court’s error, the children are not required to be immediately returned to Florida. See B.G., 189 So. 3d at 305; R.F. v. Dep’t of Children & Families, 50 So. 3d 1243, 1244-46 (Fla. 4th DCA 2011); Dep’t of Children & Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010); H.P. v. Dep’t of Children & Families, 838 So. 2d 583, 586-87 (Fla. 5th DCA 2003). Accordingly, we reverse the portion of the final order terminating the trial court’s jurisdiction and remand with instructions for the trial…
  • …position, the Department must comply with the ICPC. In that case, the trial court must determine if it is in the Child’s best interest to remain with the Father pending the Department’s compliance with the ICPC. Dep’t of Children & Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010). Vacated and remanded. GERBER and LEVINE, JJ., concur. . The Interstate Compact on the Placement of Children ("ICPC”), codified at Florida Statutes sections 409.401-.409 (2015), is an agreement between signatory states to…
  • …d to remain in the out-of-state placement during the ICPC process if it is in the child’s best interest. [*1245] See H.P. v. Dept. of Children and Families, 838 So. 2d 583, 586-87 (Fla. 5th DCA 2003); see also Dept. of Children and Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010); In re J.D., 35 So. 3d 145 (Fla. 2d DCA 2010). DCF and the Guardian Ad Litem Program argue that there are no exceptions to the ICPC procedures, and strict compliance with the compact is required. They argue if the procedure…

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