MERLE J. STOKES
v.
STATE OF FLORIDA

Fla. 4th DCA | 2019-03-06
No. 14-0945
Sweeny, Mazzarelli, Moskowitz, Kahn
271 So. 3d 1000 Florida District Court of Appeal, Fourth District (2019) Positive Treatment
Also reported at: 43 Fla. L. Weekly S556 · 43 Fla. L. Weekly S298
Cited by 5 cases

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Synopsis

The Fourth District Court of Appeal affirmed the lower court's denial of a rule 3.800 motion. The court cited two prior Florida Supreme Court decisions as its basis for affirmance.


Holding

No, the lower court did not err in denying the motion. The appellate court affirmed the lower court's decision.


Headnotes

[1] Consecutive life sentences for non-homicide offenses must be resentenced pursuant to sentencing provisions enacted in Chapter 2014-220, Laws of Florida.

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Key Quotes

“We affirm. See Franklin v. State, 43 Fla. L. Weekly S556 (Fla. Nov. 8, 2018); State v. Michel, 43 Fla. L. Weekly S298 (Fla. July 12, 2018).”

This quote states the court's decision and the precedent it relied upon.

Facts & Procedural History

The appellant, Merle J. Stokes, appealed an order from the Nineteenth Judicial Circuit Court of St. Lucie County that denied his rule 3.800 motion. Th…

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Opinion of the Court

Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; L.T. Case No. 561991CF000970A.

Diamond R. Litty, Public Defender, and Usha Maharajh, Assistant Public Defender, Stuart, for appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING/CLARIFICATION PER CURIAM.

We lift the stay entered on February 3, 2017, and withdraw our opinion on motion for rehearing and clarification, dated February 22, 2017.

We affirm. See Franklin v. State, 43 Fla. L. Weekly S556 (Fla. Nov. 8, 2018); State v. Michel, 43 Fla. L. Weekly S298 (Fla. July 12, 2018).

Affirmed. GROSS, MAY and LEVINE, JJ., concur.

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