DILLON MCDONALD
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-08-08
No. 18-1412
Waite
252 So. 3d 273 Florida District Court of Appeal, Fourth District (2018)

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Holding

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.


Headnotes

[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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Facts & Procedural History

Dillon McDonald appealed an order denying his Rule 3.800 motion in a criminal case from Broward County Circuit Court.…

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Opinion of the Court

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.


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