ORLANDO MCCORMACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2017-08-16
No. 4D15-2886
Taylor and Ciklin, JJ., concur.
226 So. 3d 871 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 2 cases
Opinion of the Court
May, J.

*872 On Motion for Rehearing

May, J.

We grant the State’s motion for rehearing. In its motion, the State advised the court that the record submitted on appeal failed to include the order denying the defendant’s motion under Florida Rule of Criminal Procédure 3.800(b)(2), which addressed Williams v. State, 186 So.3d 989 (Fla. 2016). In fact, the record included an affidavit attesting “there had been no order addressing the 4-12-16 Motion to. Correct Sentencing Error.” This was the sole basis for our reversal.

The State has now filed the order and the transcript from the hearing on the Rule 3.800(b)(2) motion. We supplement the record with both, withdraw our prior opinion, and affirm on all issues raised in the appeal.

Affirmed.

Taylor and Ciklin, JJ., concur.

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  • McCormack v. Fla. Dep't of Corr. (S.D. Fla. 2022)
    …s.” Wheeler v. State, 296 So. 3d 895, 897 (Fla. 2020). Upon closer examination of the Fourth DCA’s affirmance of McCormack’s convictions, it is less clear that the affirmance was appealable to the Supreme Court of Florida. See McCormack v. State, 226 So. 3d 871 (Fla. 4th DCA 2017). The affirmance states in full: May, J. We grant the State's motion for rehearing. In its motion, the State advised the court that the record submitted on appeal failed to include the order denying the defendant's motion…
  • McCormack v. Fla. Dep't of Corr. (S.D. Fla. 2022)
    …n appeal. ECF No. [16-1] at 95-97. On August 16, 2017, with the supplemented record before it, the Fourth DCA granted the State’s motion for rehearing, withdrew its prior opinion, and affirmed on all issues raised in the appeal. McCormack v. State, 226 So. 3d 871 (Fla. 4th DCA 2017) (Mem). Petitioner did not seek further review of his conviction with the Florida Supreme Court or the United States Supreme Court. ECF No. [13] at 8. On November 1, 2018, Petitioner filed a motion for postconviction relief pursu…

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