PATRICK LIVELY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2015-12-23
No. 3D15-915
Before WELLS, FERNANDEZ and SCALES, JJ.
180 So. 3d 244 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 3 cases
Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Patrick Lively appeals from an order denying his pro se motion, made within two years after his conviction and sentence were affirmed by this court, to dismiss the information against him. While not included in a Florida Rule of Criminal Procedure 3.850 motion, we treat the motion to dismiss as such because there is no other mechanism by which the court below, and thus this court, could address it. Treating it as such, we affirm the order on appeal denying Lively’s motion.

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  • Hawkins v. State, 195 So. 3d 1196 (Fla. 1st DCA 2016)
    …s claim was untimely, as such claims were more appropriately raised pursuant to Florida Rule of Criminal Procedure 3.850. However, the weight of authority holds that such claims may properly be raised pursuant to rule 3.800(a). See Simmons v. State, 180 So. 3d 244 (Fla. 3d DCA 2015); Wheeler v. State, 129 So. 3d 469 (Fla. 2d DCA 2014); Ford v. State, 868 So. 2d 631 (Fla. 2d DCA 2004); Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004); Bines v. State, 837 So. 2d 1146 (Fla. 1st DCA 2003); Kinsey v. State, 831…
  • Simmons v. State, 273 So. 3d 116 (Fla. 3d DCA 2019)

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