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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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01/14/2020
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NOTICE-APPEAL (INITIAL)
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AA Christian Cruz BY: TA Clyde Montgomery Taylor, Iii 454140
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01/15/2020
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida FSC BY: Supreme Court Of Florida FSC
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01/15/2020
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ORDER-RECORD FILING (HEARINGS/TRIAL)
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TR: 4/3/2020; ROA: 4/27/2020
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01/15/2020
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Sentencing Order
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01/15/2020
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ORDER-FILING FEE DUE
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The jurisdiction of this Court was invoked by the filing of a Notice of Appeal in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the lower court as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Appellant is allowed to and including February 14, 2020, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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01/16/2020
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NOTICE-APPEARANCE
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AE State Of Florida STATE1 BY: AE Patrick Albert Bobek 112839
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01/21/2020
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COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S)
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Order Determining Indigency for Appeal Purposes
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01/21/2020
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DESIGNATION-COURT REPORTER (COPY)
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Volusia Court Reporters volusia BY: Volusia Court Reporters volusia
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01/22/2020
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No Fee - Insolvent
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01/27/2020
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MOTION-COUNS WITHDRAWAL BASED ON CONFLICT
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AA Christian Cruz BY: WD Nancy Ryan 765910
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Motion to Withdraw as Counsel and Motion to Relinquish For Purposes of Appointment of Conflict-Free Counsel
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01/28/2020
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ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR
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The Motion to Withdraw as Counsel and Motion to Relinquish for Purposes of Appointment of Conflict-Free Counsel filed in the above cause by Office of the Public Defender, Seventh Circuit, are granted. We therefore temporarily relinquish jurisdiction of the above case to the circuit court of the Seventh Judicial Circuit, in and for Volusia County, Florida, and direct that the circuit court, within sixty days from the date of this order, appoint conflict-free counsel to represent appellant in this Court. The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the circuit court order appointing counsel, appellant's appointed counsel shall file a notice of appearance with this Court.
**Corrected February 18, 2020, to reflect sixty-day relinquishment period instead of thirty days.**
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01/28/2020
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RELINQUISHMENT STARTED
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02/21/2020
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RELINQUISHMENT ENDED
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02/24/2020
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COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL
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Order Allowing Public Defender to Withdraw and Appointing Regional Conflict Counsel
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02/26/2020
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MOTION-COUNS WITHDRAWAL BASED ON CONFLICT
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AA Christian Cruz BY: WD Lori Dolan Loftis 51026
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02/27/2020
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ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR
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The motion to withdraw filed in the above cause by the Office of Criminal Conflict and Civil Regional Counsel is granted. We therefore temporarily relinquish jurisdiction of the above case to the circuit court of the Seventh Judicial Circuit, in and for Volusia County, Florida, and direct that the circuit court, within thirty days from the date of this order appoint conflict-free counsel to represent appellant in this Court. The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the circuit court order appointing counsel, appellant's appointed counsel shall file a notice of appearance with this Court.
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02/27/2020
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RELINQUISHMENT STARTED
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03/03/2020
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COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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Order Appointing Conflict Free Counsel
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03/03/2020
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RELINQUISHMENT ENDED
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03/06/2020
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NOTICE-APPEARANCE
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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03/20/2020
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MOTION-EXT OF TIME (TRANSCRIPT)
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Volusia Court Reporters volusia BY: Volusia Court Reporters volusia
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Filed as "Court Reporter's Acknowledgement"
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03/24/2020
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ORDER-EXT OF TIME GR (TRANSCRIPT)
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The motion for extension of time filed in the above cause by Volusia Reporting Company is granted and the time for filing the transcript with the circuit court is extended to and including April 23, 2020.
All other times will be extended accordingly.
TR: 4/23/2020; ROA: 5/13/2020
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04/29/2020
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NOTICE-DESIGNATION OF E-MAIL ADDRESSES
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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04/30/2020
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DESIGNATION-COURT REPORTER (COPY)
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Volusia Court Reporters volusia BY: Volusia Court Reporters volusia
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Court Reporter's Acknowledgment
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05/14/2020
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TRANSCRIPT
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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Transcript of Jury Trial - Guilt Phase (Filed Electronically)
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05/14/2020
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RECORD/TRANSCRIPT
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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Large File - Placed on T: Drive
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05/15/2020
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STATUS REPORT
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Raul Antonio Zambrano 884332 BY: Raul Antonio Zambrano 884332
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05/18/2020
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ORDER-DEP BRIEF SCHED (100)
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The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before August 24, 2020; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief.
As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
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05/19/2020
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EXHIBITS
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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1 Envelope Exhibit CD's
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08/12/2020
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MOTION-RECORD SUPPLEMENTATION
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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Unopposed Motion to Supplement the Record
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08/13/2020
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Unopposed Motion to Supplement the Record is granted. The trial court clerk is directed, on or before August 28, 2020, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
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08/13/2020
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SUPP RECORD/TRANSCRIPT
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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Supplemental Record on Appeal (Filed Electronically)
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08/19/2020
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MOTION-RECORD SUPPLEMENTATION
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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Unopposed Motion to Supplement the Record
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08/20/2020
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ORDER-RECORD SUPPLEMENTATION GR (CIRC CT)
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Appellant's Unopposed Motion to Supplement the Record is granted. The trial court clerk is directed, on or before September 4, 2020, to supplement the record with the items listed in the attached motion and provide copies to counsel for the parties.
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08/24/2020
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INITIAL BRIEF-MERITS
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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Initial Brief of Appellant
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08/25/2020
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SUPP RECORD/TRANSCRIPT
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Laura E. Roth VOLUSIA BY: Laura E. Roth VOLUSIA
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2nd Supplemental Record (Filed Electronically)
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08/25/2020
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NOTICE-SCRIVENER'S ERROR
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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*Placed with file*.
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11/02/2020
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ANSWER BRIEF-MERITS
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AE State Of Florida STATE1 BY: AE Doris Meacham 63265
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11/03/2020
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ORDER-PSI
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It is hereby ordered that the Florida Department of Corrections transmit to the Clerk of the Supreme Court of Florida forthwith the presentence investigation, if any, done on the sentencing of the above appellant on December 18, 2019. The presentence investigation shall include a cover page that includes the defendant's name and SEALED PRESENTENCE INVESTIGATION in 48 point bold font. It is preferable to transmit the presentence investigation via the statewide portal. If mailed, the presentence investigation shall be sealed in an interior envelope with the defendant's name and SEALED PRESENTENCE INVESTIGATION in 14 point bold font printed on the front of the interior envelope.
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11/03/2020
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LETTER-DOC RE: NO PSI
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Maria S. Dinkins 97958 BY: Maria S. Dinkins 97958
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12/09/2020
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REPLY BRIEF-MERITS
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AA Christian Cruz BY: AA Jose Rafael Rodriguez 302007
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Reply Brief of Appellant
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12/21/2020
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., March 4, 2021. A maximum of thirty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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03/04/2021
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ORAL ARGUMENT HELD
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03/09/2021
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida STATE1 BY: AE Patrick Albert Bobek 112839
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Notice of Supplemental Authority: Clemons v. Mississippi, 494 U.S. 738 (1990); State v. White, 470 So.2d 1377 (Fla. 1985); James v. State, 453 So.2d 786 (Fla. 1984) *See attachments*
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03/09/2021
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NOTICE-APPENDIX/ATTACHMENT TO NOTICE
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AE State Of Florida STATE1 BY: AE Patrick Albert Bobek 112839
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Attachment to Notice of Supplemental Authority: Clemons v. Mississippi, 494 U.S. 738 (1990)
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03/09/2021
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NOTICE-APPENDIX/ATTACHMENT TO NOTICE
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AE State Of Florida STATE1 BY: AE Patrick Albert Bobek 112839
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Attachment to Notice of Supplemental Authority: State v. White, 470 So.2d 1377 (Fla. 1985)
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03/09/2021
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NOTICE-APPENDIX/ATTACHMENT TO NOTICE
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AE State Of Florida STATE1 BY: AE Patrick Albert Bobek 112839
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Attachment to Notice of Supplemental Authority: James v. State, 453 So.2d 786 (Fla. 1984)
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07/01/2021
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DISP-AFFIRMED/REMANDED
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FSC-OPINION: We affirm Cruz's convictions but reverse and remand for the limited purpose of requiring the trial court to perform a new sentencing evaluation and provide a new sentencing order. It is so ordered.
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07/16/2021
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PUBLISH FULL
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07/22/2021
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MANDATE
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07/22/2021
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ORDER-COUNS APPOINTMENT (POST-CONVICTION)
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Pursuant to Florida Rule of Criminal Procedure 3.851(b), the Office of the Capital Collateral Regional Counsel-Middle Region is hereby appointed to handle postconviction proceedings for appellant.
The Office of the Capital Collateral Regional Counsel-Middle Region shall, within thirty days from this date of this order, file a notice of appearance in the trial court or a motion to withdraw based on a conflict of interest or some other legal ground. A copy of the notice of appearance or motion to withdraw shall be served on the Florida Supreme Court.
In accordance with this Court's opinion issued in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.991 and Florida Rule of Judicial Administration 2.215, 802 So. 2d 298 (Fla. 2001), the chief judge shall forthwith assign this case to a judge qualified to handle capital cases. A copy of the assignment order shall be served on the Florida Supreme Court.
*07/27/2021: Vacated*
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07/26/2021
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MOTION-STRIKE
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James L. Driscoll 78840 BY: James L. Driscoll 78840
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Motion to Strike Appointment of the Law Office of the Capital Collateral Regional Counsel - Middle
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07/27/2021
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ORDER-STRIKE GR
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Capital Collateral Regional Counsel-Middle Region's unopposed motion requesting this Court vacate its July 22, 2021, order appointing it to handle postconviction proceedings for appellant is granted. The July 22, 2021, order of appointment is hereby vacated.
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