DAVIS
v.
STATE OF FLORIDA

Fla. 2d DCA | 2026-10-09
No. 2025-1544
McKyton, J., Kelly, J., Black, J., LaBrit, J.
2026 FL 13517 Florida District Court of Appeal, Second District (2026)

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Holding

A trial court's judgment is affirmed even when the State concedes error, as appellate courts are not bound by such concessions.


Headnotes

[1] An appellate court is not bound by the State's concession of error and may affirm a trial court judgment notwithstanding such concession.

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Facts & Procedural History

Joseph Edward Davis appealed a judgment from the County Court for Pinellas County.…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

JOSEPH EDWARD DAVIS, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 2D2025-1544

October 9, 2026

Appeal from the County Court for Pinellas County; Cathy A. McKyton, Judge.

Blair Allen, Public Defender, and Caroline S. Cassidy, Assistant Public Defender, Bartow, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Lara E. Breslow, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.1 See Williams v. Florida, 399 U.S. 78, 86 (1970); Ladson v. State, 955 So. 2d 612, 613 (Fla. 2d DCA 2007) (en banc); Gregory v. State, 616 So. 2d 174, 176 (Fla. 2d DCA 1993).

KELLY, BLACK, and LABRIT, JJ., Concur.

Opinion subject to revision prior to official publication. 2

Footnotes
1 We decline to accept the State's concession of error. See, e.g., Perry v. State, 808 So. 2d 268, 268 (Fla. 1st DCA 2002).

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