RAYMOND PALMA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND PALMA, APPELLANT,
STATE OF FLORIDA, APPELLEE
783 So. 2d 1120
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
In response to an order to show cause regarding the timeliness of his appeal, Raymond Palma argues he did not receive notice of entry of the order until after the time for timely filing a notice of appeal had passed. We dismiss this appeal for lack of jurisdiction without prejudice to Palma’s right to file a petition for belated appeal with this court which complies with Florida Rule of Appellate Procedure 9.141(c) (formerly Rule 9.140(j), see Amendments to Florida Rules of Appellate Procedure, 780 So. 2d 834 875 (Fla.2000)).
BARFIELD, C.J., ALLEN and BROWNING, JJ., concur.
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Robbie Jackson v. State, 793 So. 2d 117 (Fla. 2d DCA 2001)…thirty-six victim injury points, the subtotal should be 58.8. Therefore, the 94.8 figure must be a result of adding thirty-six victim injury points. If that total includes eighteen victim injury points for count one, it is error. See Grant v. State, 783 So. 2d 1120, 1121-22 (Fla. 1st DCA 2001) (explaining that because the jury convicted the defendant of a lesser-included offense of attempted lewd and lascivious act, thus finding that no sexual contact had occurred, the trial [*119] court could not assess victi…
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Bennett v. State, 971 So. 2d 196 (Fla. 1st DCA 2007)…ted sexual battery and two counts of lewd and lascivious molestation. The State argues that the nature of the attempted sexual battery offense required it to prove that Appellant [*203] had some type of sexual contact with N.D.D. In Grant v. State, 783 So. 2d 1120 (Fla. 1st DCA 2001), this court held that the trial court erred in assessing sexual contact points based on a jury verdict of attempted lewd and lascivious molestation, reasoning that the jury could have found the appellant attempted to touch the vi…
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Hiram Beamon v. State, 852 So. 2d 352 (Fla. 1st DCA 2003)…tim injury points for sexual contact after the jury returned a verdict of guilty of attempted lewd or lascivious battery. As the appellant argues and the state acknowledges, these victim injury points should not have been scored. See Grant v. State, 783 So. 2d 1120 (Fla. 1st DCA 2001).. Accordingly, the appellant’s sentence is vacated and this case is remanded for resentencing under a corrected scoresheet. ERVIN, BARFIELD and ALLEN, JJ., Concur.…
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- Amendments to Florida Rules of Appellate Procedure, 780 So. 2d 834 (Fla. 2000)