Albo v. State

Full title: Orlier Suarez ALBO, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: May 24, 2023

361 So. 3d 935 (Fla. Dist. Ct. App. 2023)

Opinion

No. 3D23-649

05-24-2023

Orlier Suarez ALBO, Appellant, v. The STATE of Florida, Appellee.

Orlier Suarez Albo, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Orlier Suarez Albo, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and HENDON and GORDO, JJ.

PER CURIAM.

Affirmed. See Persaud v. State, 838 So. 2d 529, 531-32 (Fla. 2003) ("[The Florida Supreme Court] does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in [the court.]"); Beaty v. State, 701 So. 2d 856, 857 (Fla. 1997) (holding that where the District Court of Appeal issues an opinion with a citation to a case or cases that are not pending before the Florida Supreme Court, the time for filing a rule 3.850 motion begins to run from the time that the District Court issues its mandate and is not affected by a petition before the Florida Supreme Court seeking discretionary review.).