JON SHEPHERD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2016-12-30
No. CASE NO. 1D16-2646
ROBERTS, C.J., ROWE and WINSOR, JJ., CONCUR.
210 So. 3d 704 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of appellant’s response to the Court’s order of June 13, 2016, the Court has determined that the appeal is untimely. Accordingly, the appeal is dismissed.

ROBERTS, C.J., ROWE and WINSOR, JJ., CONCUR.

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  • Castro v. State, 240 So. 3d 877 (Fla. 5th DCA 2018)
    …stion, a defendant's statement of satisfaction with counsel in response to a generic inquiry from the trial court is "generally insufficient to conclusively refute a claim that counsel was ineffective for failing to call a witness." Evans v. State , 210 So. 3d 704, 705 n.1 (Fla. 5th DCA 2017) (citing Law v. State , 847 So. 2d 599, 600-01 (Fla. 5th DCA 2003) ). Admittedly, the court's second inquiry to Castro of whether there was anything that Castro wanted counsel to do that he did not do presents a closer qu…
  • Klaus v. State, 236 So. 3d 483 (Fla. 5th DCA 2018)
    …call witnesses." Law , 847 So. 2d at 600. This court has stated, "[A] statement of satisfaction with counsel alone is generally insufficient to conclusively refute a claim that counsel was ineffective for failing to call a witness." Evans v. State , 210 So. 3d 704, 705 n.1 (Fla. 5th DCA 2017) (citing Law , 847 So. 2d at 600-01 ). Therefore, because the court did not attach portions of the record to sufficiently rebut Appellant's claim nor did it grant an evidentiary hearing on this claim, we reverse and reman…
  • Payne v. State, 275 So. 3d 701 (Fla. 5th DCA 2019)

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