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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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06/29/2006
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT James L. Brooks BY: PT James L. Brooks
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06/29/2006
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No Fee Required
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3.800 BELOW
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07/20/2006
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ORDER-BRIEF SCHED/COUNS APPT (CERTIFIED)
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& It is ordered that Isaac Ramon Ruiz-Carus, 3202 South Sterling Avenue, Tampa, Florida 33629-6940, is hereby appointed as counsel for petitioner. All further pleadings for petitioner shall be filed by the petitioner's counsel only. Pursuant to Florida Rule of Appellate Procedure 9.140(f)(4), the district court of appeal is hereby directed, within twenty (20) days from the date of this order, to provide to the above newly appointed counsel a copy of all filings before their court, including the record on appeal.
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08/21/2006
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RECORD/TRANSCRIPT
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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(1 VOLUME OF RECORD & 1 VOLUME OF BRIEFS)
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09/07/2006
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INITIAL BRIEF-MERITS
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PT James L. Brooks BY: PT Isaac R. Ruiz-Carus 17004
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(O&7 & E-MAIL) (NO APPENDIX)
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09/07/2006
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REQUEST-ORAL ARGUMENT
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PT James L. Brooks BY: PT Isaac R. Ruiz-Carus 17004
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09/11/2006
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APPENDIX
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PT James L. Brooks BY: PT Isaac R. Ruiz-Carus 17004
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(O&7) (NO CERT OF SERVICE)
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09/14/2006
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CERTIFICATE OF SERVICE
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PT James L. Brooks L25407 BY: PT Isaac Ramon Ruiz-Carus 17004 (FOR APPENDIX FILED 09/11/06)
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10/09/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Laura Fisher Zibura 337020
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(O&1)
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10/13/2006
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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- EXT TO 10/18/2006, NFE
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10/18/2006
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Laura Fisher Zibura 337020
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(O&7 & E-MAIL) (8 COPIES FILE 10/23/06)
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11/09/2006
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REPLY BRIEF-MERITS
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PT James L. Brooks BY: PT Isaac R. Ruiz-Carus 17004
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(O&7 & E-MAIL)
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01/12/2007
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ORDER-OA SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Wednesday, May 9, 2007. A maximum of twenty 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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01/12/2007
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ORAL ARGUMENT CALENDAR
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01/12/2007
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LETTER-CANON NOTIFICATION RE: JUSTICE
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JUSTICE PARIENTE RESPONSE DUE 02/01/07
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05/09/2007
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ORAL ARGUMENT HELD
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10/25/2007
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DISP-APPROVED
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In this case, the Fourth District applied the could-have-been-imposed test to Brooks's rule 3.800(a) claim. The trial court sentenced Brooks to ten years' imprisonment for the carjacking, but it legally could have imposed a thirty-year sentence for the first-degree crime. We approve the Fourth District's decision. We disapprove the decision in Wilson to the extent it is inconsistent with this opinion.
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11/16/2007
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MANDATE
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CC: COUNSEL
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12/27/2007
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ARCHIVES
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