MARIO DANIELS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-02-21
No. 2023-1889
2024 FL 1698 Florida District Court of Appeal, First District (2024)

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Holding

An order of the circuit court denying a defendant's request for postconviction discovery is not independently appealable by a defendant under Florida Rule of Appellate Procedure 9.140(b)(1).


Headnotes

[1] An order denying a defendant's request for postconviction discovery is not an independently appealable order under Florida Rule of Appellate Procedure 9.140(b)(1).

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Facts & Procedural History

Mario Daniels appealed a circuit court order denying him postconviction discovery relief.…

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Opinion of the Court

February 21, 2024 PER CURIAM.

DISMISSED. See Robinson v. State, 255 So. 3d 907 (Fla. 1st DCA 2018) (“The order of the circuit court deciding that Appellant is not entitled to postconviction discovery is not among the class of orders independently appealable by a defendant pursuant to Florida Rule of Appellate Procedure 9.140(b)(1).”).

LEWIS, RAY, and KELSEY, JJ., concur.

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


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