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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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12/28/2009
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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W/ATTACHMENTS
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12/29/2009
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No Fee - Insolvent
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INSOLVENT BELOW
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01/06/2010
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JURIS INITIAL BRIEF
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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W/APPENDIX (O&8 & E-MAIL)
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02/02/2010
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Lunar Claire Alvey 713473
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O&5 & E-MAIL
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03/19/2010
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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 April 13, 2010; 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 Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before May 18, 2010. The record shall include the briefs filed in the district court separately indexed.
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04/09/2010
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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O&1
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04/15/2010
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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 June 14, 2010, 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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05/19/2010
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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1 VOL. CC PAPERS, 1 VOL. BRIEFS & 5 VOLS RECORD
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06/07/2010
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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06/09/2010
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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06/23/2010
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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O&1
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06/23/2010
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INITIAL BRIEF-MERITS
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PT Leonardo Marrero BY: WD Shannon P. Mckenna 385158
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W/ APPENDIX (O&7)
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06/24/2010
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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 petitoner's initial brief on the merits was filed with this Court on June 23, 2010.
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07/15/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Lunar Claire Alvey 713473
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07/26/2010
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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08/16/2010
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NOTICE-APPEARANCE
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PT Leonardo Marrero BY: PT Robert Kalter 260711
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08/20/2010
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Forrest Lee Andrews, Jr. 17782
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E-MAIL
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08/30/2010
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Leonardo Marrero BY: PT Robert Kalter 260711
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09/08/2010: COPY FILED
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09/01/2010
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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., Wednesday, December 8, 2010.
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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09/01/2010
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ORAL ARGUMENT CALENDAR
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09/17/2010
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REPLY BRIEF-MERITS
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PT Leonardo Marrero BY: PT Robert Kalter 260711
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O&7 & E-MAIL
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09/20/2010
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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's reply brief was filed with this Court on September 17, 2010.
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12/08/2010
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ORAL ARGUMENT HELD
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05/05/2011
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DISP-QUASHED
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In accordance with our analysis above, we hold that before a defendant can be convicted of felony criminal mischief, the State must prove the amount of damage associated with the criminal conduct. Accordingly, we quash the decision of the Third District below. We also disapprove of Jackson v. State, 413 So. 2d 112, 114 (Fla. 2d DCA 1982), and the other decisions in this context that apply a "life experience" exception.
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05/19/2011
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Forrest Lee Andrews, Jr. 17782
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(RC) O&7 (06/06/2011: CORRECTED MOTION FOR CLARIFICATION FILED, O&7)
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05/26/2011
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RESPONSE
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PT Leonardo Marrero BY: PT Robert Kalter 260711
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TO RESPONDENT'S MOTION FOR CLARIFICATION
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09/15/2011
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DISP-REHEARING GR
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The Respondent's Motion for Rehearing is granted, and the opinion dated May 5, 2011, is withdrawn and the revised opinion dated September 15, 2011, is substituted in its place. (RC)
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09/15/2011
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DISP-QUASHED & REMANDED
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In accordance with our analysis above, we hold that before a defendant can be convicted of felony criminal mischief, the State must prove the amount of damage associated with the criminal conduct. Accordingly, we quash the decision of the Third District below. We also disapprove of Jackson v. State, 413 So. 2d 112, 114 (Fla. 2d DCA 1982), and the other decisions in this context that apply a "life experience" exception. We remand for the trial court to reduce Petitioner's conviction of felony criminal mischief to the lesser offense of second-degree misdemeanor criminal mischief as defined in section 806.13(1)(b), Florida Statutes (2006).
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10/06/2011
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MANDATE
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CC: COUNSEL
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10/06/2011
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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5 VOLUMES RECORD
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12/05/2011
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ARCHIVES
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File
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