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Doc. Date Docketed Description Filed by Notes
02/27/2014 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Charles Lee BY: PT Matthew David Bernstein 43302
02/28/2014 No Fee - Insolvent INSOLVENT BELOW
02/28/2014 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
03/07/2014 JURIS INITIAL BRIEF PT Charles Lee BY: PT Matthew David Bernstein 43302
03/07/2014 APPENDIX-JURIS BRIEF PT Charles Lee BY: PT Matthew David Bernstein 43302
03/24/2014 JURIS ANSWER BRIEF RS State Of Florida state1 BY: RS Marilyn Muir Beccue 119581
04/09/2014 NOTICE-SUPPLEMENTAL AUTHORITY PT Charles Lee BY: PT Matthew David Bernstein 43302
Click to open document 04/11/2014 ORDER-STAY PROCEEDINGS FSC (TAG CASE) The proceedings in this Court in the above case are hereby stayed pending disposition of Gridine v. State, Case No. SC12-1223 and Henry v. State, SC12-578, which are pending in this Court.
Click to open document 04/08/2015 ORDER-SHOW CAUSE (TAG-REVERSE/QUASH) **4/13/15: VACATED** Respondent is hereby directed to show cause on or before April 23, 2015, why this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of our decisions Henry v. State, No. SC12-578 (Fla. Mar. 19, 2015), and Gridine v. State, No. SC12-1223 (Fla. Mar. 19, 2015). Petitioner may serve a reply on or before May 4, 2015.
Click to open document 04/13/2015 ORDER-OTHER SUBSTANTIVE This Court's order dated April 8, 2015, was issued prematurely. The instant case will be stayed until the motions for rehearing filed in Henry v. State, SC12-578, and Gridine v. State, SC12-1223, are resolved.
Click to open document 09/25/2015 ORDER-SHOW CAUSE (TAG-REVERSE/QUASH) Respondent is hereby directed to show cause on or before October 12, 2015, why this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of our decisions Henry v. State, 40 Fla. L. Weekly S147 (Fla. Mar. 19, 2015), and Gridine v. State, 40 Fla. L. Weekly S149 (Fla. Mar. 19, 2015). Petitioner may serve a reply on or before October 22, 2015.
10/12/2015 RESPONSE RS State Of Florida state1 BY: RS Marilyn Muir Beccue 119581 RESPONSE TO ORDER TO SHOW CAUSE
10/22/2015 REPLY TO RESPONSE PT Charles Lee BY: PT Matthew David Bernstein 43302 REPLY TO RESPONSE TO ORDER TO SHOW CAUSE
Click to open document 11/17/2016 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction. Petitioner's brief on the merits shall be served on or before December 7, 2016; 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. The Clerk of the Second District Court of Appeal shall file the record which shall be properly indexed and paginated on or before January 17, 2017. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. The Court dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. (CORRECTED THE DUE DATE OF THE RECORD DUE TO THE HOLIDAY)
11/29/2016 RECORD/TRANSCRIPT Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 Electronic Constructed Volume of Briefs (Filed Electronically)
11/30/2016 RECORD/TRANSCRIPT Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 3 Volumes Record on Appeal; 5 Volumes Supplemental Record; 1 Volume Addendum (Paper copy filed)
Click to open document 12/02/2016 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Charles Lee BY: PT Matthew David Bernstein 43302
Click to open document 12/06/2016 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's Motion for an Extension of Time to File Initial Brief is granted and petitioner is allowed to and including January 6, 2017, 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.
Click to open document 01/04/2017 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Charles Lee BY: PT Matthew David Bernstein 43302 UNOPPOSED AND FINAL MOTION FOR AN EXTENSION OF TIME TO FILE INITIAL BRIEF
Click to open document 01/05/2017 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's Unopposed and Final Motion for an Extension of Time to File Initial Brief is granted and petitioner is allowed to and including February 6, 2017, 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.
Click to open document 02/06/2017 INITIAL BRIEF-MERITS PT Charles Lee BY: PT Matthew David Bernstein 43302 INITIAL BRIEF OF PETITIONER ON THE MERITS
Click to open document 02/06/2017 APPENDIX-MERIT BRIEF PT Charles Lee BY: PT Matthew David Bernstein 43302
Click to open document 03/06/2017 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS State Of Florida state1 BY: RS Cerese Crawford Taylor 990760
Click to open document 03/07/2017 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's Motion for Extension of Time is granted, and respondent is allowed to and including May 5, 2017, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 05/05/2017 ANSWER BRIEF-MERITS RS State Of Florida state1 BY: RS Cerese Crawford Taylor 990760
Click to open document 05/24/2017 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PT Charles Lee BY: PT Matthew David Bernstein 43302 UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE REPLY BRIEF
Click to open document 05/24/2017 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Petitioner's Unopposed Motion for Extension of Time to File Reply Brief is granted and petitioner is allowed to and including June 14, 2017, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
Click to open document 06/14/2017 REPLY BRIEF-MERITS PT Charles Lee BY: PT Matthew David Bernstein 43302
Click to open document 01/25/2018 DISP-REMANDED FOR RESENTENCING FSC-OPINION: Accordingly, Lee is entitled to resentencing under the juvenile sentencing provisions in chapter 2014-220. We find Lee's second claim without merit. The trial court may, but is not required to under the rule or statute, order an updated PSI. See Fla. R. of Crim. P. 3.710(a); § 985.565(3)(c), Florida Statutes (2017); see, e.g., Barber v. State, 293 So. 2d 710, 711 (Fla. 1974) ("The requirement of [Florida Rule of Criminal Procedure] 3.710 does not continue or revive upon a second, future occasion of an adjudication of guilt and sentencing for violation of the probation earlier granted which had already fulfilled the mandate of the rule."). Furthermore, because Lee is entitled to be resentenced under the provisions of chapter 2014-220, we decline to address the remaining issues on appeal. It is so ordered.
Click to open document 02/16/2018 PUBLISH FULL
Click to open document 02/19/2018 MANDATE
02/19/2018 RECORD/TRANSCRIPT RETURNED Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 3 Volumes Record on Appeal, 5 Volumes Supplemental and 1 Volume Addendum returned.