FELTON EPPS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Mulazim M. Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005)
  …3. indicates that the minimum term that may be imposed ranges from twenty-five years to life imprisonment. The precise length of the mandatory minimum is a discretionary sentencing decision of the trial court. Id. at 292; see also State v. Waldron, 835 So. 2d 1217, 1218 (Fla. 5th DCA 2003). Section 775.087(2)(c), Florida Statutes, provides: If the mandatory minimum terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by section 775.082, section 775.084, or the Crimi…
• Stewart v. State, 840 So. 2d 438 (Fla. 5th DCA 2003)
  …rt for DNA testing, (emphasis added). A defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on language of the statute. See Reighn v. State, 834 So. 2d 252 (Fla. 1st DCA 2002); accord Epps v. State, 835 So. 2d 1217 (Fla. 4th DCA 2003).2 AFFIRMED. THOMPSON, C.J., and MONACO, J., concur. . Florida Rule of Criminal Procedure 3.853 provides the procedure for obtaining DNA testing under section 925.11, Florida Statutes. . We observe that in adopting Rule 3.853…
• Smith v. State, 854 So. 2d 684 (Fla. 2d DCA 2003)
  …sting based on the language of the statute. See Stewart v. State, 840 So. 2d 438 (Fla. 5th DCA 2003); see also Reighn v. State, 834 So. 2d 252 (Fla. 1st DCA 2002), cause dismissed by SC03-370, 845 So. 2d 892 (Fla. May 6, 2003); accord Epps v. State, 835 So. 2d 1217 (Fla. 4th DCA 2003). The Florida Supreme Court refused to extend the right to DNA testing to defendants who entered guilty or nolo contendere pleas. See Amendment to Fla. Rules of Criminal Procedure Creating Rule 3.853, 807 So. 2d 633, 634-35 (Fla.2…

Authorities Cited

• Steacyanne Reighn v. State, 834 So. 2d 252 (Fla. 1st DCA 2002)