LEWIS FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEWIS FRANKLIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
983 So. 2d 679
Florida District Court of Appeal, Fourth District (2008)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed, without prejudice to Franklin filing a motion that includes the oath required by Florida Rule of Criminal Procedure 3.850(c) no later than thirty (30) days from the date of this opinion.
SHAHOOD, C.J., STONE and DAMOORGIAN, JJ., concur.
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E.A.R. v. State, 4 So. 3d 614 (Fla. 2009)…onflict between its decision in E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008), and the decision of the Second District Court of Appeal in M.S. v. State, 927 So. 2d 1044 (Fla. 2d DCA 2006). See E.A.R., 975 So. 2d at 613; see also A.T. v. State, 983 So. 2d 679, 679 (Fla. 4th DCA 2008) (certifying conflict on the same issue), notice invoking discretionary review filed, No. SC08-1159 (Fla. June 12, 2008). We now exercise our discretionary jurisdiction to resolve this inter-district impasse. See art. V, § 3(…1 / 4
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A.T. v. State, 7 So. 3d 534 (Fla. 2009)…PER CURIAM. We have for review A.T. v. State, 983 So. 2d 679 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal cited as authority its decision in E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008), quashed, 4 So. 3d 614 (Fla.2009). At the time the Fourth District issued its decision in A.T.,…
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A.T. v. State, 10 So. 3d 1180 (Fla. 4th DCA 2009)…on Remand from the Supreme Court of Florida PER CURIAM. The Supreme Court has quashed our prior decision in this case, A.T. v. State, 983 So. 2d 679 (Fla. 4th DCA 2008), based on its holding in E.A.R. v. State, 4 So. 3d 614 (Fla.2009). Accordingly, we reverse the disposition of the trial court, and remand for further proceedings in accordance with EA.R. GROSS, C.J., POLEN and MAY, JJ., concur…