NATHANEAL HEAVEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-12-06
No. 2023-2112
Herndon, J., Eisnaugle, J., MacIver, J., Edwards, C.J.
2024 FL 13756 Florida District Court of Appeal, Fifth District (2024)

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Holding

The circuit court's judgment was affirmed under the legal principles established in Russell v. State, 982 So. 2d 642 (Fla. 2008).


Facts & Procedural History

Nathaneal Heaven appealed a criminal conviction from the Circuit Court for Marion County. The case involved a criminal matter tried in the trial court…

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Opinion of the Court
Maciver

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2023-2112 LT Case No. 2022-CF-003897 _____________________________

NATHANEAL HEAVEN,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Marion County. Lisa D. Herndon, Judge.

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

December 6, 2024

PER CURIAM.

Affirmed. See Russell v. State, 982 So. 2d 642 (Fla. 2008).

EISNAUGLE and MACIVER, JJ., concur. EDWARDS, C.J., dissents, with opinion.

2 Case No. 5D2023-2112 LT Case No. 2022-CF-003897

Edwards, C.J., dissenting.

I dissent for the reasons expressed in my dissenting opinion in Reynolds v. State, 283 So. 3d 885 (Fla. 5th DCA 2019).

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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