MERRICK ROY RICHARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MERRICK ROY RICHARDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
813 So. 2d 1016
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
We affirm the circuit court’s order denying appellant’s 3.850 motion. The circuit court denied the motion as being untimely, but we find that the motion was timely filed pursuant to Peart v. State, 756 So. 2d 42, 46 (Fla.2000). Nonetheless, we affirm the circuit court’s order because appellant’s motion failed to include all of the information required by Florida Rule of Civil Procedure 3.850(c). However, this affirmance is without prejudice to appellant filing a motion that includes the information required by rule 3.850(c) no later than thirty (30) days from the issuance of the mandate.
WARNER, SHAHOOD and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Bartolone v. State, 327 So. 3d 331 (Fla. 4th DCA 2021)…nt notice of the imposition of discretionary costs and to make an oral pronouncement of such costs and their statutory basis.” Finkelstein v. State, 944 So. 2d 1226, 1227 (Fla. 4th DCA 2006) (internal citation omitted) (citing Roberts v. State, 813 So. 2d 1016, 1017 (Fla. 1st DCA 2002)). “If this does not occur, and discretionary costs are made a condition of probation, they are to be stricken, and cannot be re-imposed.” Id.; see also Justice v. State, 674 So. 2d 123, 126 (Fla. 1996). Pursuant to…
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Finkelstein v. State, 944 So. 2d 1226 (Fla. 4th DCA 2006)…y be imposed without notice to the defendant. Id. However, the trial court is required to give the defendant notice of the imposition of discretionary costs and to make an oral pronouncement of such costs and their statutory basis. Roberts v. State, 813 So. 2d 1016, 1017 (Fla. 1st DCA 2002). If this does not occur, and discretionary costs are made a condition of probation, they are to be stricken, and cannot be re-imposed. Id. We reverse the imposition of the additional fees, and remand for an evidentiary h…
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McMILLAN v. State, 139 So. 3d 345 (Fla. 2d DCA 2014)…Fla. 2d DCA 2006); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Lopez v. State, 833 So. 2d 283 (Fla. 5th DCA 2002); Roberts v. State, 813 So. 2d 1016 (Fla. 1st DCA 2002); Freeny v. State, 621 So. 2d 505 (Fla. 5th DCA 1993). CRENSHAW, BLACK, and SLEET, JJ., Concur.…
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- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)