JOSE LUIS BARAJAS, II
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-07-05
No. 17-2218
Cox, J., Gerber, C.J., Damoorgian, J., May, J.
249 So. 3d 667 Florida District Court of Appeal, Fourth District (2018)

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Holding

The trial court properly denied appellant's rule 3.800 motion.


Facts & Procedural History

Jose Luis Barajas, II appealed an order denying his rule 3.800 motion in a criminal case from Indian River County.…

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Opinion of the Court
Gerber

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOSE LUIS BARAJAS, II, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D17-2218

[July 5, 2018]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 2001CF000293A.

Antony P. Ryan, Regional Counsel, Donald A. Chinquina, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fort Pierce, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Hart v. State, 2018 WL 2049668 (Fla. 4th DCA May 2, 2018).

GERBER, C.J., and DAMOORGIAN, J., concur. MAY J., dissents with opinion.

MAY J., dissenting.

I dissent for the reasons set forth in Judge Warner’s dissent in Hart v. State, 2018 WL 2049668 (Fla. 4th DCA May 2, 2018).

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