ORLIER SUAREZ ALBO,
v.
THE STATE OF FLORIDA,
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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.
[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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Join FLexlaw to unlock all legal intelligence“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
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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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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Beaty v. State, 701 So. 2d 856 (Fla. 1997)
- Persaud v. State, 838 So. 2d 529 (Fla. 2003)