DILLON MCDONALD
v.
STATE OF FLORIDA
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A Rule 3.800 motion was properly denied, and the Fourth District affirmed the circuit court's order while acknowledging it was bound by Hart v. State despite internal disagreement.
[1] A circuit court's denial of a Rule 3.800 motion is reviewed under the law established by binding precedent within the appellate district, even when panel members disagree…
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Join FLexlaw to unlock all legal intelligenceDillon McDonald appealed an order denying his Rule 3.800 motion in a criminal case from Broward County Circuit Court.…
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Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Elizabeth Anne Scherer, Judge; L.T. Case No. 08-15431CF10B.
Dillon McDonald, Wewahitchka, pro se. No appearance required for appellee. 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). Although two members of this panel dissented in Hart, we affirm because we are bound by Hart, which is currently the law of this district. We again 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).
GERBER, C.J., WARNER and TAYLOR, JJ., concur. * * * 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)