JOHNNIE J. JACKSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2013-05-09
No. 1D13-1639
WOLF, WETHERELL, and MAKAR, JJ., concur.
112 So. 3d 146 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition is granted and Johnnie J. Jackson is hereby afforded belated appeal from his judgment and sentence in Duval County case number 2011-CF-003814. Upon issuance of mandate in this cause,' a copy of the opinion shall be provided to the clerk of the lower tribunal who shall treat it as a notice of appeal See Fla. R.App. P. 9.141(c)(6)(D).

The trial court is directed to appoint counsel to represent appellant in the direct appeal if he qualifies for such an appointment.

PETITION GRANTED.

WOLF, WETHERELL, and MAKAR, JJ., concur.


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  • Jimenez v. Ortega, 179 So. 3d 483 (Fla. 5th DCA 2015)
    …that said, we have also held that misconduct falling short of the test espoused in Cox, including inconsistency, nondisclosure, poor recollection, dissemblance, ánd even lying may be insufficient to support a dismissal for fraud. Gautreaux v. Maya, 112 So. 3d 146, 149 (Fla. 5th DCA 2013) (citing Perrine v. Henderson, 85 So. 3d 1210, 1210 (Fla. 5th DCA 2012)). In many cases, such conduct may be well managed through cross-examination. See id., see also Gehrmann v. City of Orlando, 962 So. 2d 1059, 1062 (Fla. 5…
  • Jackson v. State, 140 So. 3d 1067 (Fla. 1st DCA 2014)
    …of the lesser-included offense of battery on Count II, and not guilty on Count III. The trial court sentenced Jackson to 20 years on Count I and 365 days for battery, to be served concurrently. Jackson was granted a belated appeal. Jackson v. State, 112 So. 3d 146 (Fla. 1st DCA 2013). Analysis We review the trial court’s admission of the Williams rule evidence for an abuse of discretion. See LaMarca v. State, 785 So. 2d 1209, 1212 (Fla.2001). “[C]ollateral-crime evidence ... is admissible to prove a materi…
  • E.I. Dupont de Nemours & Co., Inc. v. Sidran, 140 So. 3d 620 (Fla. 3d DCA 2014)
    …d on fraud ... should be used ‘cautiously and sparingly,’ and only upon the most blatant showing of fraud, pretense, collusion, or other similar wrong doing.” (quoting Granados v. Zehr, 979 So. 2d 1155, 1157 (Fla. 5th DCA 2008))); Gautreaux v. Maya, 112 So. 3d 146, 149 (Fla. 5th DCA 2013) (“When reviewing a case for fraud, the court should consider the proper mix of factors and carefully balance a policy favoring adjudication on the merits with competing policies to maintain the integrity of the judicial syst…

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