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Doc. Date Docketed Description Filed by Notes
05/25/2006 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Sergio Corona BY: PT Steven Gerald Mason 842508
05/26/2006 LETTER PT Sergio Corona BY: PT Steven Gerald Mason 842508 RE: PETITIONER'S INDIGENCY (ORDER'S FROM U.S. SUPREME COURT AND THE 9TH JUDICIAL CIRCUIT, IN AND OR ORANGE COUNTY ATTACHED)
06/01/2006 NOTICE-RELATED CASE(S) PT Sergio Corona BY: PT Steven Gerald Mason 842508 (O&1)
06/01/2006 JURIS INITIAL BRIEF PT Sergio Corona BY: PT Steven Gerald Mason 842508 W/APPENDIX & E-FILE (O&5)
06/12/2006 ORDER-FILING FEE DUE The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal 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. Petitioner is allowed to and including July 12, 2006, in which to submit the filing fee or an order of insolvency. Failure to submit either 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.
06/26/2006 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 W/APPENDIX (O&5 & E-MAIL)
06/28/2006 ORDER-DISTRICT COURT OF APPEAL PETITIONER DETERMINED INDIGENT
06/14/2007 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of State v. Lopez, Case No. SC05-88, which is pending in this Court.
03/26/2008 ORDER-SHOW CAUSE (TAG-APPEAL-CONTROLLED BY LEAD CASE) Petitioner shall show cause on or before April 10, 2008, why this Court's decisions in State v. Lopez, 33 Fla. L. Weekly S22 (Fla. Jan. 10, 2008), and Blanton v. State, No. SC04-1823, 2008 WL 657832 (Fla. Mar. 13, 2008), are not controlling on the preservation issue in this case and thus why the Court should not decline to accept jurisdiction in this case. See Lopez, 33 Fla. L. Weekly at D23 (recognizing that "[t]he right guaranteed by [the confrontation] part of the Sixth Amendment differs from the kind of protection that is afforded by state evidentiary rules governing the admission of hearsay"); Blanton, 2008 WL 657832, at *1 n.3 (citing Franklin v. State, 965 So. 2d 79, 89-90 (Fla. 2007), "for a discussion of the preservation of a Crawford confrontation claim"). See also Schoenwetter v State, 931 So. 2d 857, 871 (Fla.) (holding that "[t]here was no specific objection by defense counsel based on a confrontation violation; therefore, this [Crawford] issue has not been preserved for review"), cert. denied, , --- U.S. ---, 127 S.Ct. 587, 166 L.Ed.2d 437 (2006); Williams v. State, 967 So. 2d 735, 748 n.11 (Fla. 2007) (citing Schoenwetter in recognizing that "this Court has held that a specific objection is necessary to preserve a Crawford challenge"), petition for cert. filed, --- U.S.L.W. --- (Jan. 11, 2008) (No. 07-8887). Respondent shall file a reply on the preservation issue on or before April 21, 2008, and shall therein show cause why this Court's decision in Lopez is not controlling on the deposition issue in this case and thus why the Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of Lopez. See also Blanton & State v. Contreras, No. SC05-1767, 2008 WL 657867 (Fla. Mar. 13, 2008). Petitioner shall file a reply on the deposition issue on or before May 1, 2008.
04/07/2008 RESPONSE PT Sergio Corona BY: PT Steven Gerald Mason 842508 TO ORDER DATED 03/26/2008
04/22/2008 REPLY TO RESPONSE RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 TO ORDER DATED 03/26/2008
05/02/2008 REPLY TO REPLY PT Sergio Corona BY: PT Steven Gerald Mason 842508 (O&5) TO ORDER DATED 03/26/2008
09/23/2009 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Petitioner's brief on the merits shall be served on or before October 19, 2009; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs. The Clerk of the Fifth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before November 23, 2009. The record shall include the briefs filed in the district court separately indexed.
10/14/2009 RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk CONSISTING OF 4 VOLUMES OF RECORD; 1 SUPPLEMENTAL VOLUME & 1 VOLUME BRIEFS (1 BOX)
10/15/2009 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Sergio Corona BY: PT Steven Gerald Mason 842508
10/15/2009 MOTION-TOLL TIME PT Sergio Corona BY: PT Steven Gerald Mason 842508
10/16/2009 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
11/09/2009 INITIAL BRIEF-MERITS PT Sergio Corona BY: PT Steven Gerald Mason 842508 W/APPENDIX (APPENDIX DOES NOT CONTAIN DECISION SEEKING REVIEW OF)
11/09/2009 ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE) Petitioner's initial brief on the merits with appendix, which was filed with this Court on November 9, 2009, does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Petitioner is hereby directed, on or before November 30, 2009, to serve an original and seven copies of an amended brief with appendix. The appendix shall be separately bound or separated from the brief by a divider and appropriate tab, and shall contain an index and a copy of the opinion or order of the district court of appeal to be reviewed and may contain any other portions of the record and other authorities.
11/12/2009 MOTION-RECORD SUPPLEMENTATION PT Sergio Corona BY: PT Steven Gerald Mason 842508 FILED AS "UNOPPOSED MOTION TO CORRECT AND FORWARD RECORD"
11/16/2009 ORDER-RECORD SUPPLEMENTATION GR (DCA) Petitioner's Unopposed Motion to Correct and Forward Record is hereby granted.
11/16/2009 INITIAL AMD BRIEF-MERITS PT Sergio Corona BY: PT Steven Gerald Mason 842508 W/APPENDIX (O&7 & E-MAIL)
12/03/2009 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
12/03/2009 MOTION-TOLL TIME RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026
12/09/2009 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
12/14/2009 SUPP RECORD/TRANSCRIPT Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME
01/08/2010 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Wesley Harold Heidt 773026 O&5 & E-MAIL (01/14/2010: 2 ADDITIONAL COPIES FILED)
01/29/2010 REPLY BRIEF-MERITS PT Sergio Corona BY: PT Steven Gerald Mason 842508 W/APPENDIX (O&6 & E-MAIL) (02/01/2010: 1 ADDITIONAL COPY FILED)
06/25/2010 NOTICE-ADDRESS CHANGE PT Sergio Corona BY: PT Steven Gerald Mason 842508
06/09/2011 DISP-REMAND FOR TRIAL In light of the above, we quash the decision of the Fifth District and remand to the district court with directions to vacate Corona's conviction and sentence and order a new trial. See Pacheco v. State, 698 So. 2d 593, 596 (Fla. 2d DCA 1997) (quoting Lockhart v. Nelson, 488 U.S. 33, 40 (1988)) ("[R]etrial is permitted when 'a reviewing court determines that a defendant's conviction must be reversed because evidence was erroneously admitted against him, and also concludes that without the inadmissible evidence there was insufficient evidence to support a conviction . . . .'").
07/01/2011 MANDATE CC: COUNSEL
07/06/2011 RECORD/TRANSCRIPT RETURNED Hon. Susan Wright, Clerk BY: Hon. Susan Wright, Clerk 1 VOLUME BRIEFS, 4 VOLUMES RECORD AND 2 VOLUMES SUPPLEMENTAL
08/31/2011 ARCHIVES File