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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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04/11/2007
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Bertha Jackson BY: PT Pamela H. Izakowitz 53856
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04/12/2007
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No Fee - Insolvent
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INSOVLENT BELOW
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04/30/2007
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ORDER-DISMISSAL RE: FAILURE TO COMPLY
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In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.
We have not received the petitioner's jurisdictional initial brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced document with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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05/07/2007
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JURIS INITIAL BRIEF
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PT Bertha Jackson BY: PT Pamela H. Izakowitz 53856
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W/APPENDIX (O&5 & E-MAIL)
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05/29/2007
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Ronald Napolitano 175130
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W/APPENDIX (O&7 & E-MAIL)
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07/03/2007
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ORDER-OA&BRIEF 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, November 7, 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.
Petitioner's brief on the merits shall be served on or before July 30, 2007; 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. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before September 3, 2007. The record shall include the briefs filed in the district court separately indexed.
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07/17/2007
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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2 VOLUMES OF RECORD AND 1 CONSTRUCTED VOLUME OF BRIEF (& E-MAIL)
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07/26/2007
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ORAL ARGUMENT CALENDAR
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07/26/2007
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ORDER-ORAL ARGUMENT RESCHEDULE
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At the direction of the Court, the above case which was scheduled for oral argument on November 7, 2007, has been rescheduled for oral argument at 9:00 a.m., Wednesday, December 5, 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.
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07/30/2007
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INITIAL BRIEF-MERITS
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PT Bertha Jackson BY: PT Pamela H. Izakowitz 53856
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O&7 & E-MAIL (NO APPENDIX)
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08/01/2007
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APPENDIX
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PT Bertha Jackson BY: PT Pamela H. Izakowitz 53856
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O&7 (TO INITIAL BRIEF-MERITS) (NO CERT OF SERVICE)
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08/06/2007
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CERTIFICATE OF SERVICE
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BY: PT Pamela H. Izakowitz 0053856 TO APPENDIX TO INITIAL BRIEF-MERITS (O&7)
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08/22/2007
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Ha Thu Dao 487597
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W/APPENDIX (O&7 & E-MAIL)
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09/10/2007
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REPLY BRIEF-MERITS
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PT Bertha Jackson BY: PT Pamela H. Izakowitz 53856
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O&7 & E-MAIL
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12/05/2007
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ORAL ARGUMENT HELD
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05/29/2008
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DISP-APPROVED IN RESULT
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For the reasons explained above, we hold that a claim of a denial of counsel at sentencing is not the proper subject of a motion under Florida Rule of Criminal Procedure 3.800(b). That rule permits preservation of errors in orders entered as a result of the sentencing process, not all errors that happen to occur during that process. The denial of counsel at sentencing is an error in the sentencing process, not an error in a sentence-related order. Therefore, unpreserved claims of this nature may be considered on direct appeal even if no motion under rule 3.800(b) has been filed, but only under the fundamental error standard. A complete deprivation of counsel during resentencing, as occurred in Gonzalez, is fundamental error. The partial deprivation of counsel under the facts in this case, however, is not. We therefore approve Gonzalez, 838 So. 2d 1242, and approve the result, but not the reasoning, in Jackson, 952 So. 2d 613.
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06/20/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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2 VOLUMES OF RECORD AND 1 CONSTRUCTED VOLUME OF BRIEFS
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06/20/2008
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MANDATE
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CC: COUNSEL
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07/17/2008
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ARCHIVES
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