ORLIER SUAREZ ALBO
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-05-24
No. 23-0649
Winkler
Florida District Court of Appeal, Third District (2023)

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Holding

A per curiam affirmance by a district court of appeal that cites cases not pending before the Florida Supreme Court is final and does not toll the deadline for filing a rule 3.850 motion.


Headnotes

[1] A per curiam affirmance by a district court of appeal that cites only cases not pending before the Florida Supreme Court is final, and the deadline for filing a rule 3.85…

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Key Quotes

“where the District Court of Appeal issues an opinion with a citation to a case or cases that are not pending before the Florida Supreme Court, the time for filing a rule 3.850 motion begins to run from the time that the District Court issues its mandate and is not affected by a petition before the Florida Supreme Court seeking discretionary review.”

Court's explanation of the governing rule from Beaty v. State

Facts & Procedural History

Orlier Suarez Albo appealed a circuit court decision in a criminal matter from Miami-Dade County. The appeal was heard by the Third District Court of …

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Opinion of the Court

PER CURIAM.

Affirmed. See Persaud v. State, 838 So. 2d 529, 531-32 (Fla. 2003) (“[The Florida Supreme Court] does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in [the court.]”); Beaty v. State, 701 So. 2d 856, 857 (Fla. 1997) (holding that where the District Court of Appeal issues an opinion with a citation to a case or cases that are not pending before the Florida Supreme Court, the time for filing a rule 3.850 motion begins to run from the time that the District Court issues its mandate and is not affected by a petition before the Florida Supreme Court seeking discretionary review.).

2


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