FREDDIE LEE JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2013-09-09
No. 1D13-3498
LEWIS, C. J., ROBERTS and MAKAR, JJ., concur.
120 So. 3d 658 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because the Court’s jurisdiction was not invoked in a timely fashion, the appeal is dismissed. However, the dismissal is without prejudice to appellant filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(c).

LEWIS, C. J., ROBERTS and MAKAR, JJ., concur.


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  • Crockett v. State, 206 So. 3d 742 (Fla. 1st DCA 2016)
    …CA 2014) (“We conclude that in its well-written, detailed order, the trial court properly analyzed and applied the balancing test set forth by the United States Supreme Court in Barker.’’). Our earlier opinion in another Barker case, Niles v. State, 120 So. 3d 658, 662 (Fla. 1st DCA 2013), noted that the trial court there failed to set forth findings of fact or explanation for either its denial of defendant’s motion to dismiss or his motion for reconsideration. We noted that “Ordinarily, we would defer to the…
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  • Jacobs v. State, 152 So. 3d 822 (Fla. 2d DCA 2014)
    …There are three categories of reason for delay by the State: deliberate, negligent, and justified. State v. Roundtree, 438 So. 2d 68, 71 (Fla. 2d DCA 1983). The burden to explain the cause of the delay rests exclusively on the State. Niles v. State, 120 So. 3d 658, 664 (Fla. 1st DCA 2013). In the present case, the State introduced evidence showing that Jacobs had at least three different addresses during the period between when the information was filed and when he was arrested. However, the State never demon…

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