STATE OF FLORIDA, PETITIONER,
v.
BASDEO SHIVA, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. TYRONE RAFAEL COX, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. ADAM CARVELLO, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. MICHAEL P. SZYMANOWSKI, RESPONDENT
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PER CURIAM.
We have for review the decisions in Shiva v. State, 782 So. 2d 501 (Fla. 4th DCA 2001), Cox v. State, 805 So. 2d 1042 (Fla. 4th DCA 2002), Carvello v. State, 824 So. 2d 202: (Fla. 4th DCA 2002), and Szymanowski v. State, 870 So. 2d 137 (Fla. 4th DCA 2003), based on certified conflict with various decisions of other district courts of appeal. We have jurisdiction. See -art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in -each of these cases, consolidate them solely for the purpose of this opinion, summarily quash the decisions of the Fourth District Court of Appeal,, and remand for reconsideration in light of our decision in Banks v. State, 887 So. 2d 1191 (Fla.2004).1
WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. PARIENTE, C.J., recused.
. Respondent Michael P. Szymanowski’s Motion to Dismiss and Emergency Motion to Dismiss, filed in this Court on June 9, 2004, and November 1, 2004, respectively, are hereby denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Coppola v. State, 938 So. 2d 507 (Fla. 2006)…not have been known earlier.” Murphy, 773 So. 2d at 1175; see also Jenkins, 771 So. 2d at 38 (same as Murphy); Carvello v. State, 824 So. 2d 202, 203 (Fla. 4th DCA 2002) (certifying conflict with Regan and Coppola), quashed sub nom. State v. Shiva, 894 So. 2d 923 (Fla.2005). In contrast, the First and Fifth Districts have determined that our opinion in Heggs is not a “newly discovered fact” under rule 3.850(b)(1) because “the rule contemplates a fact in the sense of evidence which is anything which tends to…1 / 2
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Basdeo Shiva v. State, 899 So. 2d 1150 (Fla. 4th DCA 2005)…r 1994 guidelines range, we affirm the trial court’s summary denial of Defendant’s rule 3.850 motion for postconviction relief. AFFIRMED. FARMER, C.J., STONE and HAZOURI, JJ., concur. . Shiva v. State, 782 So. 2d 501 (Fla. 4th DCA 2001), quashed, 894 So. 2d 923 (Fla.2005).…
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COX v. State, 912 So. 2d 15 (Fla. 4th DCA 2005)…we now affirm the trial court’s summary denial of Defendant’s rule 3.850 motion for postconviction relief. AFFIRMED. GUNTHER, SHAHOOD and HAZOURI, JJ., concur. . Cox v. State, 805 So. 2d 1042 (Fla. 4th DCA 2002), quashed sub nom. State v. Shiva, 894 So. 2d 923 (Fla.2005).…
Authorities Cited
- Gregory Banks v. State, 887 So. 2d 1191 (Fla. 2004)
- COX v. State of Florida/Appellee, 805 So. 2d 1042 (Fla. 4th DCA 2002)
- Carvello v. State, 824 So. 2d 202 (Fla. 4th DCA 2002)
- Basdeo Shiva v. State, 782 So. 2d 501 (Fla. 4th DCA 2001)
- Szymanowski v. State, 870 So. 2d 137 (Fla. 4th DCA 2003)