SHAWN CHASE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2011-05-11
No. 2D10-740
SILBERMAN, WALLACE, and MORRIS, JJ., Concur.
60 So. 3d 565 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Our affirmance is without prejudice to any right Mr. Chase may have to file a timely motion under Florida Rule of Criminal Procedure 3.850 addressing the issues raised in this appeal.

SILBERMAN, WALLACE, and MORRIS, JJ., Concur.


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  • Spaulding v. State, 93 So. 3d 473 (Fla. 2d DCA 2012)
    …ereafter, the trial court denied a motion to clarify this order, and Mr. Spaulding filed this timely petition for writ of certiorari. It is well established that an order denying a motion under rule 3.800(c) is not appealable. See Pillajo v. State, 60 So. 3d 565, 566 (Fla. 2d DCA 2011); Smith v. State, 471 So. 2d 1347, 1348 (Fla. 2d DCA 1985);1 Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968).2 The appellate courts, however, have recognized that some trial court errors that occur when considering rule 3.…
  • Cochran v. State, 88 So. 3d 1031 (Fla. 2d DCA 2012)
    …laim filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We affirm without comment the postconviction court’s summary denial of Cochran’s three rule 3.850 claims, and we dismiss the appeal of his rule 3.800(c) claim. See Pillajo v. State, 60 So. 3d 565, 566 (Fla. 2d DCA 2011). KELLY and LaROSE, JJ., Concur.…
  • Maffia v. State, 269 So. 3d 536 (Fla. 2d DCA 2019)
    …dicial review in this appeal struck appellant's motion for postconviction relief without prejudice to appellant filing a facially sufficient motion. This circuit court order is a nonfinal, nonappealable order under the authority of Pillaio v. State. 60 So. 3d 565 (Fla. 2d DCA 2011), and Lee v. State. 939 So. 2d 154 (Fla. 1st DCA 2006). Accordingly, this appeal is dismissed for lack of jurisdiction. KHOUZAM, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.…

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