FLORIDA SUPREME COURT

No decisions reported since January 7, 2019

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Franklin Vereen v. State of Florida, Docket # 1D16-5189

Conviction for Sexual Battery and 24-year sentence, sentence reversed based upon Due Process violation at the sentencing hearing

CLICK TO READ James Waters v. State of Florida, Docket # 1D17-3653

Summary Rule 3.850 denial reversed, remanded for evidentiary hearing.

CLICK TO READ Michael John Triatik v. State of Florida, Docket # 1D18-1426

Reversal of denial for motion for jail credit, credit should have been applied to the four misdemeanor counts because his jail credit time plus probation-served time exceeded the statutory maximum for these counts already by the time the court revoked his probation and sentenced him to consecutive sentences.

CLICK TO READ Nathan Beverly v. State of Florida, Docket # 1D18-3678

State concedes error in plea colloquy

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ Mark Agenor v. State of Florida, Docket # 2D17-3759

Mandatory minimum sentence for possession of a firearm or destructive device reversed, remanded for resentencing

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ Beanco Thomas v. State of Florida, Docket # 3D18-2487

Summary Rule 3.850 denial reversed, remanded for evidentiary hearing, State concedes error.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Brian Kelly Flaherty v. State of Florida, Docket # 4D18-2872

Pro se petition for criminal habeas corpus GRANTED, ineffective assistance of counsel on direct appeal by failing to argue the trial court erred in not holding a competency hearing after having ordered a competency evaluation.

**PRO SE WINNER**

CLICK TO READ E.M., A Child v. State of Florida, Docket # 4D17-3557

Juvenile petition for certiorari on direct criminal contempt GRANTED, contempt reversed

CLICK TO READ James Evan Gincley v. State of Florida, Docket # 4D18-3067

Petition for certiorari GRANTED, review of the trial court’s determination that he was ineligible for the circuit’s treatment-based drug court program as well as the underlying administrative order which purported to deny him admission.  Because the local administrative order represents a departure from the essential requirements of the law by adding a reason for exclusion from the circuit’s drug court—which exclusion is not found in Florida law—we quash both the order denying Gincley admission into drug court and that portion of the administrative order that expressly conflicts with the statute.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Lorenzo Brower v. State of Florida, Docket # 5D19-87

Petition for a writ of certiorari challenging the trial court’s denial of his public defender’s motion to withdraw. The motion was filed pursuant to section 27.5303, Florida Statutes (2018), and asserted a conflict of interest between Petitioner and his counsel.  Petition granted, quashing the trial court’s order denying Public Defender’s motion to withdraw based upon conflict of interest.