DULIE ALONZO GREEN, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court confirms its prior ruling on the motion to correct illegal sentence and affirms the denial of a Rule 3.850 motion after granting a belated appeal.
Appellant sought clarification regarding a prior opinion that addressed his motion to correct an illegal sentence. The court noted that appellant also…
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ON MOTION FOR CLARIFICATION
We grant Dulie A. Green Jr.’s motion for clarification filed herein and confirm that this court’s opinion issued on September 18, 2013 citing to Geter v. State, 115 So.3d 385 (Fla. 3d DCA 2013), addresses only his Rule 3.800 motion to correct illegal sentence in which he argued entitlement to relief under Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Graham v. Florida, 130 S.Ct. 2011 (2010), and affirms same.
Because it appears from the record that Green intended to appeal from both the July 18, 2013, order denying the above referenced Rule 3.800 motion and a July 18, 2013 order denying rehearing of an earlier order dated February 23, 2012, denying a Rule 3.850 motion, we grant a belated appeal from the order denying the Rule 3.850 motion1 (rehearing denied July 18, 2013). Because a brief addressing the issues raised in the Rule 3.850 motion and the record relating to that motion have already been filed, we affirm the order denying the Rule 3.850 motion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Drewery Geter v. State, 115 So. 3d 385 (Fla. 3d DCA 2013)