EFRAIN T. JAMIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-11-16
No. 4D05-3357
KLEIN, TAYLOR and MAY, JJ., concur.
914 So. 2d 1015 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 35 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The denial of appellant’s motion to correct illegal sentence is affirmed, without prejudice to appellant’s filing a timely rule 3.850 motion in the proper form.

KLEIN, TAYLOR and MAY, JJ., concur.


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Citator

Cited By (18 total)

  • Willingham v. The City OF Orlando, 929 So. 2d 43 (Fla. 5th DCA 2006)
    …ral other district courts have built upon this proposition. See McCray (although capias was mistakenly issued, arrest was valid since officers who learned of the outstanding capias had no discretion but to arrest defendant); see also Crain v. State, 914 So. 2d 1015, 1023 (Fla. 5th DCA 2005) (officers are not expected to possess a lawyer’s understanding of the nuances of Fourth Amendment law and are not permitted to second guess the validity of a facially sufficient warrant); Fields v. State, 591 So. 2d 1129 (F…
  • Jones v. State, 964 So. 2d 167 (Fla. 5th DCA 2007)
    …appearance form filed 22 May 2003 as a properly sworn affidavit, it is the issuance of the warrant prior to the expiration of the probationary period that vests the trial court with jurisdiction, not the filing of the affidavit. See Crain v. State, 914 So. 2d 1015, 1017 (Fla. 5th DCA 2005). Both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. Sepulveda v. State, 909 So. 2d 568, 570…
  • Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008)
    …r can sign a criminal complaint, the officer must have probable cause to believe a crime has been committed. See Amend. IV, U.S. Const.; § 901.02, Fla. Stat. (2006); Fla. R.Crim. P. 3.120; Johnson v. State, 660 So. 2d 648 (Fla.1995); Crain v. State, 914 So. 2d 1015, 1022 (Fla. 5th DCA 2005). In a homicide, an officer cannot properly sign a criminal complaint if the evidence shows the killing was justified. In any event, the new section of the self-defense law does not authorize an officer to testify about this…

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