BENIGNO H. KAIU
v.
STATE OF FLORIDA

Fla. 6th DCA | 2024-05-17
No. 2023-3795
2024 FL 5731 Florida District Court of Appeal, Sixth District (2024)

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Holding

The circuit court's final order is affirmed, with leave to file a Rule 3.800(a) motion preserved.


Headnotes

[1] An appellate affirmance is without prejudice to a criminal defendant's right to file a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.800(a)…

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Facts & Procedural History

Benigno H. Kaiu appealed a final order from the Circuit Court for Polk County in a criminal matter.…

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Opinion of the Court

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. J. Kevin Abdoney, Judge.

May 17, 2024 PER CURIAM.

We affirm the final order on appeal. Our affirmance is without prejudice to Appellant filing a motion in the circuit court under Florida Rule of Criminal Procedure 3.800(a). See Williams v. State, 957 So. 2d 600, 603 (Fla. 2007).

AFFIRMED.

WOZNIAK and WHITE, JJ., and LAMBERT, B.D., Associate Judge, concur. Benigno H. Kaiu, Zephyrhills, pro se. Ashley Moody, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED


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