CARLOS OJEDA
v.
STATE OF FLORIDA

Fla. 2d DCA | 2018-11-28
No. 17-3602
Kelly, J., Lucas, J., Salario, J., Roddenberry, J., Stargel, J.
257 So. 3d 1225 Florida District Court of Appeal, Second District (2018)

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Holding

The judgment of the circuit court is affirmed without prejudice to any right the appellant might have to file a Florida Rule of Criminal Procedure 3.850 motion.


Headnotes

[1] An affirmance of a criminal judgment may be entered without prejudice to the defendant's right to file a motion for post-conviction relief under Florida Rule of Criminal…

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Facts & Procedural History

Carlos Ojeda appealed a judgment from the Circuit Court for Polk County. The appeal involved criminal proceedings with two judges presiding.…

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Opinion of the Court
Salario

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

CARLOS OJEDA, ) ) Appellant, ) ) v. ) Case No. 2D17-3602 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed November 28, 2018. Appeal from the Circuit Court for Polk County; Neil A. Roddenberry and John K. Stargel, Judges. Howard L. Dimmig, II, Public Defender and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed without prejudice to any right appellant might have to file a Florida Rule of Criminal Procedure 3.850 motion. KELLY, LUCAS, and SALARIO, JJ., Concur.


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