DAVID A. LARGAESPADA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2016-09-28
No. 3D16-1834
Before LAGOA, EMAS and LOGUE, JJ.
202 So. 3d 909 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See § 316.193(2)(b)3., Fla. Stat. (2005) (providing that “[a]ny person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree — ”)


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  • D. F. v. State, 251 So. 3d 276 (Fla. 2d DCA 2018)
  • T. L. v. F. M. (Fla. 2d DCA 2019)
    …ointment of counsel. The right to counsel in connection with the Marchman Act's involuntary assessment and stabilization procedure is, as the Third District put it, a "fundamental due process right[]." K.B. v. Fla. Dep't of Children & Families, 202 So. 3d 909, 912 (Fla. 3d DCA 2016); see also Albrechta, 841 - 30 - So. 2d at 645 ("Because due process is implicated, we conclude that a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings."). Having recognized th…
  • …ng Montgomery v. Dep't of Health & Rehab. Servs., 468 So. 2d 1014, 1016-17 (Fla. 1st DCA 1985)). One exception to the mootness doctrine "applies to an issue that is 'capable of repetition yet evading review.' " K.B. v. Fla. Dep't of Child. & Fams., 202 So. 3d 909, 912 (Fla. 3d DCA 2016) (quoting Kight v. Dugger, 574 So. 2d 1066, 1068 (Fla. 1990)). In K.B., the appellate court determined that the issue of the confinement of a foster child for a drug assessment without prior notice and a petition in violation…

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