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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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01/16/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT State Of Florida state1 BY: PT Monique E. L'Italien 458198
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01/22/2007
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No Fee - State
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02/12/2007
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before March 9, 2007; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before April 12, 2007. The record shall include the briefs filed in the district court separately indexed.
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03/08/2007
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, September 20, 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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03/08/2007
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ORAL ARGUMENT CALENDAR
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03/13/2007
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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 RECORD, 1 ENVELOPE EXHIBITS AND 1 VOLUME BRIEFS
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03/14/2007
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Monique E. L'Italien 458198
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(E-MAIL)
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03/14/2007
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MOTION-TOLL TIME
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PT State Of Florida state1 BY: PT Monique E. L'Italien 458198
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(E-MAIL)
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03/16/2007
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 9, 2007, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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04/05/2007
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NOTICE-APPEARANCE
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RS Glenn Kelly BY: RS Garrett Scott Elsinger 91022
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FILED AS "NOTICE OF APPEARACE AS CO-COUNSEL FOR RESPONDENT"
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04/27/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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05/04/2007: CORRECTED MOTION FILED
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04/27/2007
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MOTION-TOLL TIME
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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05/01/2007
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Mitchell A. Egber 35619
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W/APPENDIX (O&7& E-MAIL)
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05/01/2007
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT State Of Florida state1 BY: PT Mitchell A. Egber 35619
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05/04/2007
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MOTION-AMICUS CURIAE
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MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Paula S. Saunders 308846
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05/14/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including May 9, 2007, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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05/14/2007
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's motion to accept brief as timely filed is granted and petitioner's initial brief on the merits was filed with this Court on May 1, 2007.
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05/14/2007
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Florida Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above amicus shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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05/15/2007
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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(SECOND MOTION)
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05/15/2007
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MOTION-TOLL TIME
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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05/16/2007
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including June 14, 2007, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.(NFE)
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06/14/2007
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ANSWER BRIEF-MERITS
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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O&7 & E-MAIL
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06/19/2007
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Paula S. Saunders 308846
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O&7 & E-MAIL
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07/05/2007
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Mitchell A. Egber 35619
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07/05/2007
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MOTION-TOLL TIME
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PT State Of Florida state1 BY: PT Mitchell A. Egber 35619
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07/10/2007
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 30, 2007, in which to serve the reply brief on the merits. (NFE)
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08/01/2007
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Mitchell A. Egber 35619
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O&7 & E-MAIL (NFE)
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09/20/2007
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ORAL ARGUMENT HELD
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03/12/2008
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NOTICE-ADDRESS CHANGE
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RS Glenn Kelly BY: RS Frank Alexis Maister 94846
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12/30/2008
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DISP-APPROVED IN RESULT
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In conclusion, based upon the record in this case, it is clear that Kelly knew he had a right to counsel at the time of both his 1995 and 1997 pleas and that he knowingly waived counsel so that he could take advantage of the deals that he had been offered in exchange for his no contest pleas. Therefore, under Beach, the prior convictions could be used to enhance his subsequent DUI charge. In addition, continuing to follow United States Supreme Court precedent on this issue, my answer to the district court's certified question would be that an uncounseled prior misdemeanor conviction in which the defendant could have been incarcerated for more than six months but was not incarcerated for any period can be used to enhance a current charge from a misdemeanor to a felony.
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01/26/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
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1 VOLUME RECORD, 1 ENVELOPE EXHIBITS AND 1 VOLUME BRIEFS
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01/26/2009
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MANDATE
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CC: COUNSEL
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02/12/2009
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WEST CORRESPONDENCE
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CORRECTED OPINION - On page 58, first full paragraph, first sentence has been corrected to read: "The majority asserts that I have incorrectly overlooked the true content of Traylor v. State, 596 So. 2d 957 (Fla. 1992), including its state-law posture."
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04/15/2009
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ARCHIVES
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