COLBY MCCOGGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-03-06
No. 4D01-3649
STONE, SHAHOOD, and GROSS, JJ., concur.
810 So. 2d 1016 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the circuit court’s order denying Appellant’s motion to vacate posLcon-vietion orders, which was based on a claim that the circuit court lacked jurisdiction to rule on the post-conviction matters. The mandate in the direct appeal of Appellant’s conviction and sentence was issued on May 24, 1996. Appellant’s copy of the mandate mistakenly bears the date the copy was made — January 26, 2001 — rather than the actual issuance date of the mandate. The circuit court, therefore, had jurisdiction to enter its order denying Appellant’s motion for post-conviction relief, which was filed after the date the mandate was issued.

STONE, SHAHOOD, and GROSS, JJ., concur.


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  • Weber v. Dep't of Hwy. Safety & Motor Vehicles, 845 So. 2d 300 (Fla. 5th DCA 2003)
    …license, the DHSMV. If the DHSMV acts unlawfully in failing to rescind Appellant’s revocation or otherwise revokes Appellant’s license without lawful purpose, Appellant may avail himself of the appropriate remedy at that time. See Lickman v. State, 810 So. 2d 1016 (Fla. 4th DCA 2002); Holveck v. State, 730 So. 2d 407 (Fla. 5th DCA 1999); Fla. R.App. P. 9.030(c)(3). ORDER DENYING RELIEF AFFIRMED. SAWAYA, PLEUS and TORPY, JJ., concur.…

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