IVAN MALDONADO
v.
STATE OF FLORIDA
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The court affirmed the trial court's denial of the Rule 3.850 motion based on the controlling precedent established in Hart v. State.
[1] A circuit court's denial of a Rule 3.850 post-conviction relief motion may be affirmed based on controlling precedent within the appellate district, with certification of…
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Join FLexlaw to unlock all legal intelligenceIvan Maldonado appealed the denial of his Rule 3.850 post-conviction relief motion in a criminal case from St. Lucie County.…
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PER CURIAM.
Affirmed. See Hart v. State, ––– So. 3d –––, 43 Fla. L. Weekly D970a, 2018 WL 2049668 (Fla. 4th DCA May 2, 2018) (en banc). As we did in Hart, we certify conflict with Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018); Blount v. State, 238 So. 3d 913 (Fla. 2d DCA 2018); Mosier v. State, 235 So. 3d 957 (Fla. 2d DCA 2017); Alfaro v. State, 233 So. 3d 515, 516 (Fla. 2d DCA 2017); and Burrows v. State, 219 So. 3d 910, 911 (Fla. 5th DCA 2017).
CONNER and KLINGENSMITH, JJ., concur. WARNER, J. concurring with opinion. WARNER, J. concurring.
Although I adhere to my dissent in Hart v. State, ––– So. 3d –––, 43 Fla. L. Weekly D970a, 2018 WL 2049668 (Fla. 4th DCA May 2, 2018) (en banc), I recognize that Hart is now the law of this district until the certified question is answered by our supreme court.
2
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jessy J. Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017)
- Mosier v. State, 235 So. 3d 957 (Fla. 2d DCA 2017)
- Alfaro v. State, 233 So. 3d 515 (Fla. 2d DCA 2017)
- Hart v. State, 246 So. 3d 417 (Fla. 4th DCA 2018)
- Rachaun Blount v. State, 42 Fla. L. Weekly D2181 (Fla. 2d DCA 2018)
- Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018)