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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05/30/2017
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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05/31/2017
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No Fee - State
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State Appeal
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05/31/2017
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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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06/01/2017
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JURIS INITIAL BRIEF
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Jurisdictional Brief of Petitioner
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06/01/2017
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APPENDIX-JURIS BRIEF
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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06/21/2017
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625
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Respondent's Motion for Extension of Time to File a Response to the Jurisdictional Brief
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06/23/2017
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MOTION-STAY (PROCEEDINGS BELOW)
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Filed as "Emergency Motion to Stay or Recall the Mandate"
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06/23/2017
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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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.
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06/26/2017
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ORDER-RESPONSE/REPLY REQUESTED
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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.
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06/27/2017
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RESPONSE
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RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625
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Filed as "Respondent's Opposition to Petitioner's Motion to Stay the Mandate"
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07/05/2017
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ORDER-STAY PROCEEDINGS BELOW GR
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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.
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07/17/2017
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JURIS ANSWER BRIEF
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RS Dazarian Cordell Lewars BY: RS Matthew Overpeck 121625
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Jurisdictional Answer Brief of Respondent
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09/13/2017
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ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED
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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.
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09/28/2017
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RECORD
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Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
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Supplemental Record on Appeal (Volume 1) **Filed electronically**
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09/28/2017
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RECORD
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Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
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1 Constructed Volume of Briefs **Filed electronically**
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09/28/2017
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RECORD/TRANSCRIPT
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Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
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Original Record on Appeal (Volumes 1-4) **Filed electronically**
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09/28/2017
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RECORD
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Mary Beth Kuenzel 986224 BY: Mary Beth Kuenzel 986224
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Corrected Supplemental Record on Appeal (Cover sheet only) **Filed electronically**
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10/03/2017
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Filed as "Motion for Extension of Time to File Answer Brief"
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10/05/2017
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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 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.
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12/04/2017
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Filed as "Second Motion for Extension of Time to File Initial Brief"
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12/06/2017
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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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.
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01/18/2018
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Initial Brief of Petitioner
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01/19/2018
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ORDER-APPENDIX DUE
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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.
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01/23/2018
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APPENDIX-MERIT BRIEF
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Appendix to Petitioner's Initial Brief Filed on January 18, 2018
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02/08/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Dazarian Cordell Lewars BY: RS Maureen E. Surber 153958
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Filed as "First Motion for an Extension of Time"
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02/09/2018
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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 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.
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03/16/2018
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ANSWER BRIEF-MERITS
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RS Dazarian Cordell Lewars BY: RS Maureen E. Surber 153958
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Answer Brief of Respondent on the Merits
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04/05/2018
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Lisa Martin 72138
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Reply Brief of Petitioner
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12/13/2018
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DISP-APPROVED
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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.
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01/03/2019
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MANDATE
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01/04/2019
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PUBLISH FULL
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