BRYAN C. DONAHUE
v.
STATE OF FLORIDA
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The circuit court's denial of the defendant's motion for resentencing hearing following convictions for second-degree murder and robbery is affirmed.
[1] Conflict certification is appropriate when a district court decision conflicts with decisions of other district courts on the same legal issue regarding resentencing elig…
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Join FLexlaw to unlock all legal intelligenceBryan C. Donahue was convicted of second-degree murder and robbery and sentenced to thirty years. He filed a Rule 3.850 motion seeking a resentencing …
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Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Daliah H. Weiss, Judge; L.T. Case No. 1998CF004833AXXXMB.
Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant.
No appearance required for appellee. PER CURIAM.
The defendant appeals the circuit court’s denial of his motion for resentencing hearing, challenging the thirty-year sentences imposed following convictions for second degree murder and robbery.
We affirm based on Hart v. State, 246 So. 3d 417 (Fla. 4th DCA 2018) (en banc) and Pedroza v. State, 244 So. 3d 1128 (Fla. 4th DCA 2018). As we did in Hart and Pedroza, 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 (Fla. 2d DCA 2017), and Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017). We also certify conflict with Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018) and Tarrand v. State, 199 So. 3d 507 (Fla. 5th DCA 2016). Affirmed; conflict certified.
WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
2
* * * 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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Warthen v. State, 265 So. 3d 695 (Fla. 4th DCA 2019)
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)
- Pedroza v. State, 244 So. 3d 1128 (Fla. 4th DCA 2018)
- Deryck Lee Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018)
- Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018)
- Tarrand v. State, 199 So. 3d 507 (Fla. 5th DCA 2016)