HAROCHIO VARNADORE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-01-14
No. 18-3814
Will Wilson
43 Fla. L. Weekly D2343 Florida District Court of Appeal, First District (2019) Positive Treatment

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Holding

A 2016 amendment to section 782.04(1), Florida Statutes, does not apply when the defendant's arraignment occurred prior to the statutory amendment's effective date.


Headnotes

[1] A statutory amendment does not apply retroactively to a defendant's case when the defendant's arraignment occurred prior to the amendment's effective date.

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Facts & Procedural History

Harochio Varnadore filed a petition for writ of prohibition or certiorari in the Florida First District Court of Appeal. The case involved the applica…

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Opinion of the Court

January 14, 2019 PER CURIAM.

DENIED. See Jackson v. State, --- So. 3d --- 43 Fla. L. Weekly D2343, 2018 WL 4997615 (Fla. 1st DCA Oct. 16, 2018) (holding that 2016 amendment to section 782.04(1), Florida Statutes, does not apply when the arraignment occurred prior to the date of the statutory amendment).

B.L. THOMAS, C.J., and BILBREY and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Michael S. Bossen, Jacksonville, for Petitioner. Ashley Brooke Moody, Attorney General, and Charmaine M. Millsaps, Senior Assistant Attorney General, Tallahassee, for Respondent.


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