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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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05/20/2014
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PS Jessie Smith BY: PS Jessie Smith
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05/27/2014
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No Fee Required
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SUMMARY APPEAL, RULE 9.141
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05/27/2014
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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05/30/2014
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Falcon v. State, Case No. SC13-865, which is pending in this Court.
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02/20/2015
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NOTICE-INQUIRY
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PS Jessie Smith BY: PS Jessie Smith
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(2/26/2015: ADVISED CASE IS STILL PENDING BEFORE THE COURT)
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02/26/2015
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ACKNOWLEDGMENT LETTER-MODIFIED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Re: Petitioner's Notice Discretionary Jurisdiction - In response to the above notice, petitioner is advised that the above styled case is still pending before this Court.
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04/28/2015
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ORDER-SHOW CAUSE (TAG-REVERSE/QUASH)
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Respondent is hereby directed to show cause on or before May 13, 2015, why in light of Falcon v. State, 40 Fla. L. Weekly S151 (Fla. Mar. 19, 2015), this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand this case for resentencing under the framework established in new legislation enacted by the Florida Legislature in 2014. See ch. 2014-220, Laws of Fla. Petitioner may serve a reply on or before May 25, 2015.
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05/13/2015
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RESPONSE
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RS State Of Florida state1 BY: RS Nikole Hiciano 844411
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TO ORDER DATED 04/28/2015
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05/26/2015
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REPLY TO RESPONSE
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PS Jessie Smith BY: PS Jessie Smith
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TO ORDER DATED 04/28/2015
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07/13/2015
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NOTICE-INQUIRY
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PS Jessie Smith BY: PS Jessie Smith
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7/14/15 -- petitioner is advised that the above styled case is still pending before this Court.
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07/14/2015
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ACKNOWLEDGMENT LETTER-MODIFIED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Re: Petitioner's Notice of Inquiry --
In response to the above letter, petitioner is advised that the above styled case is still pending before this Court.
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09/16/2015
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of Atwell v. State, Case No. SC14-193, which is pending in this Court.
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09/30/2015
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NOTICE-INQUIRY
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PS Jessie Smith BY: PS Jessie Smith
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10/01/2015
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ACKNOWLEDGMENT LETTER-MODIFIED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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In response to the above notice, petitioner is advised that the above styled case has been stayed by the Court. Enclosed is a copy of this Court's order dated 9/16/2015 for your review.
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10/23/2015
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SUPPLEMENTAL REPLY TO RESPONSE
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PS Jessie Smith BY: PS Jessie Smith
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PLACED WITH FILE
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10/26/2015
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SUPPLEMENTAL REPLY TO RESPONSE
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PS Jessie Smith BY: PS Jessie Smith
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SUPPLEMENT TO REPLY (PLACED WITH FILE)
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07/18/2016
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NOTICE-INQUIRY
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PS Jessie Smith BY: PS Jessie Smith
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07/19/2016
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ACKNOWLEDGMENT LETTER-MODIFIED
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In response to your Notice of Inquiry, please be advised that this Court's decision in Atwell v. State, SC14-193, is not yet final. This Court granted the State an extension of time to file a motion for rehearing in Atwell. The State filed a motion for rehearing on July 12, 2016, and that motion remains pending. As a result, Atwell is not final and your case remains stayed.
When this Court's Atwell decision is final, you will receive an order from this Court. That order will explain any action needed in your own case.
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08/01/2016
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NOTICE-INQUIRY
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PS Jessie Smith BY: PS Jessie Smith
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FILED AS "NOTICE OF INQUIRY" **08/02/16: ADVISED PETITIONER THAT THE ABOVE STYLED CASE IS STAYED PENDING DISPOSITION OF ATWELL V. STATE, CASE NO. SC14-193, WHICH IS PENDING IN THIS COURT. PLEASE BE FURTHER ADVISED THAT THIS OFFICE CANNOT GIVE LEGAL ADVICE**
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08/02/2016
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ACKNOWLEDGMENT LETTER-MODIFIED
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Supreme Court Of Florida BY: Supreme Court Of Florida
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Re: Petitioner's Notice of Inquiry- In response to the above notice, petitioner is advised that the above styled case is stayed pending disposition of Atwell v. State, Case No. SC14-193, which is pending in this Court. Please be further advised that this office cannot give legal advice.
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08/24/2016
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ORDER-SHOW CAUSE (TAG-REVERSE/QUASH)
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Respondent is hereby directed to show cause on or before September 8, 2016, why in light of Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016), this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand this case to the district court with instructions to further remand for resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. Petitioner may serve a reply on or before September 19, 2016.
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09/08/2016
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MOTION-EXT OF TIME (RESPONSE)
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RS State Of Florida state1 BY: RS Nikole Hiciano 844411
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09/09/2016
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ORDER-EXT OF TIME GR (RESPONSE)
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Respondent's motion for extension of time is granted and respondent is allowed to and including October 10, 2016, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR SERVING THE RESPONSE. The petitioner may serve a reply on or before October 20, 2016.
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09/15/2016
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RESPONSE
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PS Jessie Smith BY: PS Jessie Smith
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PETITIONER'S RESPONSE TO OTSC DATED 08/24/16- FILED AS "REPLY BRIEF" ** NO CERTIFICATE OF SERVICE** (AMENDED 09/22/16)
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09/15/2016
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your reply brief will not be submitted to the Court until you have served Nikole Hiciano, Office of Attorney General, at 444 Brickell Avenue, Suite 650, Miami, FL 33131-2406 and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within 20 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement. **09/15/16: AMENDED TO INCLUDE LANGUAGE THAT THE REPLY BRIEF HAS BEEN TREATED AS A REPLY TO RESPONSE TO THIS COURT'S ORDER DATED AUGUST 24, 2016** (09/21/16: AMENDED TO REMOVE THAT THE REPLY BRIEF HAS BEEN TREATED AS A REPLY TO RESPONSE TO THIS COURT'S ORDER DATED 08/24/2016)
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09/20/2016
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RESPONSE
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PS Jessie Smith BY: PS Jessie Smith
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PETITIONER'S RESPONSE TO OTSC DATED 08/24/16- FILED AS "REPLY" **NO CERTIFICATE OF SERVICE**
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09/21/2016
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your reply will not be submitted to the Court until you have served Nikole Hiciano, Office of Attorney General, at 444 Brickell Avenue, Suite 650, Miami, FL 33131-2406 and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within 20 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410. Please understand that once this case is dismissed, it may not be subject to reinstatement.
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09/23/2016
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RESPONSE (AMD)
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PS Jessie Smith BY: PS Jessie Smith
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FILED AS "AMENDED REPLY" TO RESPONSE FILED ON 09/15/16
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10/05/2016
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RESPONSE
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RS State Of Florida state1 BY: RS Nikole Hiciano 844411
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FILED AS "RESPONSE TO ORDER TO SHOW CAUSE"
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10/28/2016
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DISP-REV GR MERITS (QUASH & REMAND) (TAG)
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Upon review of the responses to this Court's Order to Show Cause dated August 24, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Third District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions that the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016). No Motion for Rehearing will be entertained by the Court.
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10/28/2016
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JURISDICTION ACCEPTED
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IN THE DISPOSITION ORDER
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