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Doc. Date Docketed Description Filed by Notes
Click to open document 05/30/2017 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT State Of Florida state1 BY: PT Lisa Martin 72138
05/31/2017 No Fee - State State Appeal
Click to open document 05/31/2017 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 06/01/2017 JURIS INITIAL BRIEF PT State Of Florida state1 BY: PT Lisa Martin 72138 Jurisdictional Brief of Petitioner
Click to open document 06/01/2017 APPENDIX-JURIS BRIEF PT State Of Florida state1 BY: PT Lisa Martin 72138
Click to open document 06/21/2017 MOTION-EXT OF TIME (JURIS BRIEF) RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625 Respondent's Motion for Extension of Time to File a Response to the Jurisdictional Brief
Click to open document 06/23/2017 MOTION-STAY (PROCEEDINGS BELOW) PT State Of Florida state1 BY: PT Lisa Martin 72138 Filed as "Emergency Motion to Stay or Recall the Mandate"
Click to open document 06/23/2017 ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) Respondent's motion for extension of time is granted and respondent is allowed to and including July 18, 2017, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
Click to open document 06/26/2017 ORDER-RESPONSE/REPLY REQUESTED Petitioner has filed an "Emergency Motion to Stay or Recall the Mandate." Respondent is hereby requested to file a response to the above-referenced motion on or before June 28, 2017.
Click to open document 06/27/2017 RESPONSE RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625 Filed as "Respondent's Opposition to Petitioner's Motion to Stay the Mandate"
Click to open document 07/05/2017 ORDER-STAY PROCEEDINGS BELOW GR Petitioner's "Emergency Motion to Stay or Recall the Mandate" filed in the above cause is granted and proceedings in the Second District Court of Appeal and in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
Click to open document 07/17/2017 JURIS ANSWER BRIEF RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625 Jurisdictional Answer Brief of Respondent
Click to open document 09/13/2017 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED The Court accepts jurisdiction. Petitioner's brief on the merits shall be served on or before October 3, 2017; 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 November 13, 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.
09/28/2017 RECORD Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 Supplemental Record on Appeal (Volume 1) **Filed electronically**
09/28/2017 RECORD Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 1 Constructed Volume of Briefs **Filed electronically**
09/28/2017 RECORD/TRANSCRIPT Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 Original Record on Appeal (Volumes 1-4) **Filed electronically**
09/28/2017 RECORD Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224 Corrected Supplemental Record on Appeal (Cover sheet only) **Filed electronically**
Click to open document 10/03/2017 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Lisa Martin 72138 Filed as "Motion for Extension of Time to File Answer Brief"
Click to open document 10/05/2017 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including December 4, 2017, in which to serve the initial 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 12/04/2017 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT State Of Florida state1 BY: PT Lisa Martin 72138 Filed as "Second Motion for Extension of Time to File Initial Brief"
Click to open document 12/06/2017 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's "Second Motion for Extension of Time to File Initial Brief" is granted and petitioner is allowed to and including January 18, 2018, in which to serve the initial 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 01/18/2018 INITIAL BRIEF-MERITS PT State Of Florida state1 BY: PT Lisa Martin 72138 Initial Brief of Petitioner
Click to open document 01/19/2018 ORDER-APPENDIX DUE Petitioner's initial brief on the merits was filed with the Court on January 18, 2018, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.220. Petitioner is directed, on or before January 23, 2018, to file an appendix. The appendix shall contain an index and a conformed copy of the opinion or order to be reviewed and may contain any other portions of the record and other authorities.
Click to open document 01/23/2018 APPENDIX-MERIT BRIEF PT State Of Florida state1 BY: PT Lisa Martin 72138 Appendix to Petitioner's Initial Brief Filed on January 18, 2018
Click to open document 02/08/2018 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) RS Dazarian Cordell Lewars BY: RS Maureen E. Surber 153958 Filed as "First Motion for an Extension of Time"
Click to open document 02/09/2018 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Respondent's motion for extension of time is granted, and respondent is allowed to and including March 16, 2018, 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 03/16/2018 ANSWER BRIEF-MERITS RS Dazarian Cordell Lewars BY: RS Maureen E. Surber 153958 Answer Brief of Respondent on the Merits
Click to open document 04/05/2018 REPLY BRIEF-MERITS PT State Of Florida state1 BY: PT Lisa Martin 72138 Reply Brief of Petitioner
Click to open document 12/13/2018 DISP-APPROVED FSC-OPINION: Accordingly, we approve the Second District's decision in this case and disapprove the decisions of the First and Fifth Districts in Wright and Louzon. We also disapprove the decision of the Fourth District in Taylor, which construes different language than what is directly at issue in this case but relies on Louzon to arrive at a result inconsistent with the holding we reach in this case. Ultimately, the State may be correct in its assertion that the Legislature intended for defendants who are sentenced to prison but released from county jails without ever setting foot in a prison to be punished as PRRs. Or, it is possible that the Legislature did not contemplate this circumstance. However, any intent to have a defendant like Lewars punished as a PRR is not clear from the plain language of the statute. The plain language requires the opposite, and it does not result in absurdity or an equal protection violation. We are bound by our precedent and the doctrine of separation of powers to apply the statute as written. See Holly, 450 So. 2d at 219. It is so ordered.
Click to open document 01/03/2019 MANDATE
Click to open document 01/04/2019 PUBLISH FULL