JUAN ITALO BRANDTI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2016-04-01
No. 5D16-866
LAWSON, C.J., ORFINGER,:' EVANDER, JJ., concur.
187 So. 3d 1266 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 4 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 January 25, 2016, judgment and sentence in Case No. 15-CF-003561-A-OS, in the Circuit Court in and for Osceola County, Florida. See Fla. R. App. P. 9.14Í(c)(6)(D).

PETITION GRANTED.

LAWSON, C.J., ORFINGER,:' EVANDER, JJ., concur.


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  • Spatcher v. State, 228 So. 3d 1162 (Fla. 1st DCA 2017)
    …e sentencing document reflected the actual sentence, we would have to reverse. But as the State argues, the. oral .pronouncement—not the sentencing document—controls. See Thomas v. State, 204 So. 3d 549, 550 n.1 (Fla. 1st DCA 2016); Busbee v. State, 187 So. 3d 1266, 1269 (Fla. 1st DCA 2016). At sentencing, the court said little about the driving case, but it clearly said the five years of probation was “to follow” the one year- of community control. It made no mention of jail or jail credit for the driving cas…
  • Watts v. State, 210 So. 3d 720 (Fla. 1st DCA 2017)
    …appellate counsel’s failure to preserve a meritorious sentencing issue via the timely filing of a rule 3.800(b)(2) motion may provide a basis for relief via a petition alleging ineffective assistance of appellate counsel, see, e.g., Busbee v. State, 187 So. 3d 1266, 1271 (Fla. 1st DCA 2016), the State is correct that preservation of the sentencing issue would likely not have changed the result for Watts because Williams had not yet been decided and the law was otherwise settled in this district. Generally, th…
  • Renaldo Champagne v. State (Fla. 2d DCA 2019)

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