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Martinez v. State

District Court of Appeal of Florida, Third District
Mar 17, 2010
30 So. 3d 656 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D10-382.

March 17, 2010.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge.

Jimmy Martinez, in proper person.

Bill McCollum, Attorney General, for appellee.

Before SUAREZ, CORTIÑAS, and SALTER, JJ.


Defendant, Jimmy Martinez, appeals an "Order Denying Defendant's Pro Se Motion for Post Conviction Relief entered January 7, 2010. Although the order correctly identifies the defendant and Circuit Court case number in the caption, the text of the order identifies the defendant by the name "Vincent Ham" at the only two places in the body of the order using the defendant's name. Nor is there any indication that the defendant was known by that name as an alias.

Accordingly, the order below is reversed and remanded so that a corrected order can be entered and served upon the defendant.


Summaries of

Martinez v. State

District Court of Appeal of Florida, Third District
Mar 17, 2010
30 So. 3d 656 (Fla. Dist. Ct. App. 2010)
Case details for

Martinez v. State

Case Details

Full title:Jimmy MARTINEZ, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 17, 2010

Citations

30 So. 3d 656 (Fla. Dist. Ct. App. 2010)