CARLTON J. CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLTON J. CLARK, APPELLANT,
STATE OF FLORIDA, APPELLEE
976 So. 2d 629
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The appellant challenges an order denying his facially insufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The order is affirmed without prejudice to the right of the appellant to file a facially sufficient motion for postconvietion relief pursuant to Florida Rule of Criminal Procedure 3.850. See Burchfield v. State, 907 So. 2d 614 (Fla. 1st DCA 2005).
AFFIRMED.
ALLEN, WOLF, and POLSTON, JJ., concur.
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A.A. v. State, 271 So. 3d 87 (Fla. 3d DCA 2019)…etit theft), and J17-1155 (burglary of an unoccupied dwelling, petit theft, battery). The proceedings and the order of the trial court from this August 22, 2017 contempt trial concerned the dates of May, 8, 9, 16, 17, 18 only. See C.A.F. v. State, 976 So. 2d 629, 631 (Fla. 5th DCA 2008). We note that S.F. and N.A. rely heavily on the pre-amendment case of C.A.F. v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). In C.A.F., the trial court released the arrested juvenile to his parents' custody, and later, after…1 / 2
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X.R. v. State, 976 So. 2d 633 (Fla. 5th DCA 2008)…the Legislature has not authorized the use of pre-trial behavior orders. Like Judge Griffin, I find no merit to the State’s contention that a court has the “inherent authority” to enter these types of orders. See also C.A.F. v. State, No. 5D07-3982, 976 So. 2d 629, 2008 WL 611684 (Fla. 5th DCA Mar. 7, 2008). I do believe, however, that when a trial court is authorized to order pre-trial secure detention, the court may utilize the less restrictive approach of releasing the juvenile conditioned on the juvenile’…
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S.C. v. State, 35 So. 3d 971 (Fla. 5th DCA 2010)…n any legal status from which the trial court could release the child or impose conditions of release, the child scoring one point on her detention risk assessment instrument and having been earlier [*972] released after arrest. See C.A.F. v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). Consequently, the behavioral order entered by the trial court is hereby quashed. PETITION GRANTED. ORFINGER, TORPY and LAWSON, JJ., concur.…
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- Barnes v. Sanders, 907 So. 2d 614 (Fla. 3d DCA 2005)