OLIVER S. STEEL
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-03-14
No. 18-0467
Merrigan, J., Warner, J., Levine, J., Conner, J.
Florida District Court of Appeal, Fourth District (2018)

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Holding

A circuit court properly denies a Rule 3.800(a) motion challenging a first-degree murder sentence as unconstitutional when the challenge lacks merit.


Facts & Procedural History

Oliver Steel was convicted of first-degree murder in 1989. In January 2018, he filed a Rule 3.800(a) motion challenging his sentence as unconstitution…

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Opinion of the Court
Conner

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

OLIVER S. STEEL, Appellant,

v.

STATE OF FLORIDA, Appellee.

Nos. 4D18-467 and 4D18-498

[March 14, 2018]

Consolidated appeals from order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Edward H. Merrigan, Jr., Judge; L.T. Case No. 89-26582CF10B.

Oliver S. Steel, Okeechobee, pro se.

No appearance required for appellee.

PER CURIAM.

Oliver Steel challenges the January 2, 2018 order of the Seventeenth Judicial Circuit that denied his challenge to his sentence for first degree murder as unconstitutional. He has challenged the order on its merits in 4D18-498, and by petition for writ of certiorari challenged the circuit court’s jurisdiction to enter the order in 4D18-467. We redesignate the certiorari petition to be a final appeal of the January 2, 2018 order, consolidate the two cases and affirm the circuit court’s order. See Alvarez v. State, 358 So. 2d 10 (Fla. 1978); Baron v. State, 39 So. 3d 1274 (Fla. 4th DCA 2010); Ratliff v. State, 914 So. 2d 938 (Fla. 2005).

Affirmed.

WARNER, LEVINE and CONNER, JJ., concur.

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