TAMMIE NICOLE SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2014-03-21
No. 5D14-277
PALMER, ORFINGER and COHEN, JJ., concur.
137 So. 3d 465 Florida District Court of Appeal, Fifth District (2014) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the July 10, 2013 judgment and sentence for violation of probation in Case No. 2004-02163-CF-52, in the Circuit Court in and for Putnam County, Florida. See Fla. R.App. P. 9.141(c)(6)(D).

PETITION GRANTED.

PALMER, ORFINGER and COHEN, JJ., concur.


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  • Viron Paul v. State, 183 So. 3d 1154 (Fla. 5th DCA 2015)
    …determination that the giving of the manslaughter by act instruction constituted fundamental érror.” Paul v. State, 63 So. 3d 828, 830 (Fla. 5th DCA 2011), decision quashed, 137 So. 3d 1021 (Fia.2014) (unpublished, table opinion), opinion withdrawn, 137 So. 3d 465 (Fla. 5th DCA 2014). Vishaul appealed our decision to the Florida Supreme Court, which accepted jurisdiction. In contrast, although the same fundamentally erroneous manslaughter by intentional act jury instruction was given in his case, Defendant d…
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  • Page v. State, 201 So. 3d 207 (Fla. 5th DCA 2016)
    …. In Paul v. State, 63 So. 3d 828 (Fla. 5th DCA 2011), we aligned ourselves with these courts. The Florida Supreme Court later quashed this opinion in Paul v. State, 137 So. 3d 1021 (Fla.2014), and we thereafter withdrew our opinion. Paul v. State, 137 So. 3d 465 (Fla. 5th DCA 2014). . Page is currently serving a thirty-year prison sentence for the attempted first-degree murder. Page was also sentenced to a concurrent five-year prison sentence for the attempted robbery, which he has now completed.…

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