AVION LAWSON
v.
STATE OF FLORIDA
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A trial court's denial of a rule 3.800(a) motion must be affirmed when binding circuit precedent has established the legal standard, regardless of dissent within the panel.
[1] A lower court appellate panel is bound by an en banc decision of its own court as controlling precedent, requiring affirmance of a trial court decision even when individu…
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Join FLexlaw to unlock all legal intelligenceAvion Lawson appealed a circuit court order denying his rule 3.800(a) motion. The appeal followed judgment and conviction from case no. 502007CF010255…
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PER CURIAM. Affirmed. See Hart v. State, 246 So. 3d 417 (Fla. 4th DCA 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). WARNER, MAY and CIKLIN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Avion Lawson v. State, 252 So. 3d 770 (Fla. 4th DCA 2018)
Authorities Cited
- Jessy J. Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017)
- Isiah Jermaine Corbett v. State, 277 So. 3d 638 (Fla. 4th DCA 2021)
- 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)
- Avion Lawson v. State, 252 So. 3d 770 (Fla. 4th DCA 2018)