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King v. State

District Court of Appeal of Florida, First District
Sep 24, 2001
795 So. 2d 1086 (Fla. Dist. Ct. App. 2001)

Summary

concluding that “the better course” in appeals in this posture is to allow all of the appellant's challenges to remain in one case and to redesignate the appeal as a direct appeal from the new sentence”

Summary of this case from Slocum v. State

Opinion

Case No. 1D01-1421

Opinion filed September 24, 2001.

An appeal from the Circuit Court for Duval County. Michael A. Weatherby, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General; Robert L. Martin, Assistant Attorney General, Tallahassee, for Appellee.


ORDER DISCHARGING SHOW CAUSE


The appellant challenges an order by which the trial court summarily denied all but one of the claims presented in the appellant's Florida Rule of Criminal Procedure 3.850 motion for post conviction relief. As to the remaining claim, which related to the appellant's sentence, the trial court granted relief and, in conjunction therewith, imposed a new sentence. This case was initially set up in accordance with Florida Rule of Appellate Procedure 9.141(b)(2), which provides a streamlined procedure for appeals of orders that grant or deny post conviction relief without an evidentiary hearing, but we ordered the parties to show cause why the appeal should not be redesignated as a direct appeal following a resentencing and why jurisdiction should not be relinquished to the trial court for appointment of counsel. Although both parties suggested that the appellant's challenge to the resentencing could be redesignated and assigned a new case number, with the summary denial issues proceeding separately under the rule 9.140(b)(2) procedure, we have determined that the better course in these circumstances is to allow all of the appellant's challenges to remain in one case and to redesignate the appeal as a direct appeal from the new sentence.

We accordingly discharge the show cause order and redesignate this appeal as a direct appeal from the amended sentence filed July 11, 2000. Any challenges relating to the trial court's ruling on the rule 3.850 motion may be presented in this appeal. Jurisdiction is relinquished to the trial court for 30 days for appointment of counsel to represent the appellant in this appeal.

ALLEN, C.J., BROWNING and POLSTON, JJ., CONCUR.


Summaries of

King v. State

District Court of Appeal of Florida, First District
Sep 24, 2001
795 So. 2d 1086 (Fla. Dist. Ct. App. 2001)

concluding that “the better course” in appeals in this posture is to allow all of the appellant's challenges to remain in one case and to redesignate the appeal as a direct appeal from the new sentence”

Summary of this case from Slocum v. State

concluding that "the better course" in appeals in this posture is to allow all of the appellant's challenges to remain in one case and to redesignate the appeal as a direct appeal from the new sentence"

Summary of this case from Slocum v. State
Case details for

King v. State

Case Details

Full title:ALLEN KING, Appellant, v. STATE OF FLORIDA Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 24, 2001

Citations

795 So. 2d 1086 (Fla. Dist. Ct. App. 2001)

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