ALLEN EUGENE BYTHWOOD
v.
STATE OF FLORIDA

Fla. 4th DCA | 2019-06-05
No. 19-0542
Sweet, J., Warner, J., Taylor, J., Damoorgian, J.
275 So. 3d 666 Florida District Court of Appeal, Fourth District (2019)

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Holding

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


Headnotes

[1] A district court may certify conflict with decisions from other district courts regarding the proper application of rule 3.800(a) motions, even while affirming the trial…

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Facts & Procedural History

Allen Eugene Bythwood appealed an order denying his rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit in St. Lucie Count…

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Opinion of the Court
Damoorgian

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ALLEN EUGENE BYTHWOOD, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D19-542

[June 5, 2019]

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562002CF003867B .

Antony P. Ryan, Regional Counsel, and Paul O'Neil, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Hart v. State, 246 So. 3d 417 (Fla. 4th DCA 2018) (en banc). As we did in Hart, 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 (Fla. 2d DCA 2017); and Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017).

WARNER, TAYLOR and DAMOORGIAN, JJ., concur.

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