author: John A. Tomasino Clerk, Supreme Court

text:
    FLORIDA BOARD OF BAR EXAMINERS RE: M.D.B.
    CASE NO.: SC17-2025
    Supreme Court of Florida.
    DECEMBER 1, 2017
   Upon consideration of the Report and Recommendation filed by the Florida Board of Bar Examiners, it is ordered that the Board’s recommendation is approved by the Court and M.D.B. shall be admitted to The Florida Bar subject to the following conditions:

1. The applicant’s license to practice law shall be placed on probation for a period of two (2) years.

2. During the period of probation, the applicant shall:

(a) abstain from the consumption of alcoholic beverages;
(b) abstain from the use of controlled substances except as prescribed by a duly licensed medical physician and approved by Florida Lawyers Assistance, Inc.;
(c) participate actively in the program offered by Florida Lawyers Assistance, Inc. during the pntire probationary period by complying with the rehabilitation contract with that organization executed on April 7, 2017, and by extending the contract to cover the entire period of probation if necessary;
(d) submit to and pay for a minimum of eight (8) random urine drug/alcohol screens annually, as well as any other hair, blood, sweat, or other substance screening tests determined to be appropriate by Florida Lawyers Assistance, Inc.;
(e) attend attorney support meetings at least monthly, or at such greater frequency as required by Florida Lawyers Assistance, Inc.; and
(f)submit quarterly sworn statements to The Florida Bar by March 31, June 30, September 30, and December 31 during the probationary period attesting to his compliance with the conditions set forth in 2 (a), (b), (c), (d) and (e) above.

3. The Florida Bar shall monitor the conditions set forth in the Consent Agreement pursuant to Rule 1 — 3.2(b) of the Rules Regulating The Florida Bar, and the costs thereof shall be paid by the applicant to The Florida Bar or its designated monitoring agency.

4. To monitor effectively the provisions in this agreement, the applicant shall reside within the State of Florida during the entire period of probation. Any business or pleasure trips outside Florida that exceed ten days shall occur only with the advance approval of The Florida Bar. If the applicant relocates outside the State of Florida during the probationary period for any reason, the applicant shall surrender his license to practice law in Florida and if the applicant fails to do so, the Supreme Court of Florida shall terminate his license.

5. The applicant shall immediately inform The Florida Bar of any criminal arrest or prosecution and the filing of any grievance or complaint related to the applicant’s practice of law.

6. If the applicant’s license is surrendered or terminated during the probationary period, the applicant shall resume the practice of law in the State of Florida only upon full compliance with the rules and regulations governing admission to The Florida Bar.

7. A failure to observe the conditions of the probation or a finding of probable cause as to conduct of the applicant committed during the period of probation may terminate the probation and subject the applicant to all available grievance procedures and disciplinary sanctions including disbarment under the Rules of Discipline. Upon receiving notice of a violation of the Court’s order of conditional admission, The Florida Bar may immediately petition the Court for an order of suspension. The applicant shall have ten days to file a response. If no response is timely filed by the applicant, then the Court shall issue an order suspending the applicant. If a response is filed, the matter shall be disposed of as the Court directs. Unless terminated by the Court, an order of suspension shall remain in effect until final disposition of the grievance procedures commenced by The Florida Bar against the applicant.

8. If circumstances so warrant it, the applicant and The Florida Bar may stipulate to an extension of the period of probation or The Florida Bar may petition the Court for such an extension with a final decision to be made by the Court.

9. The applicant acknowledges that an uninterrupted peripd of documented sobriety for a minimum period of time must be established prior to admission to The Florida Bar on an unconditional basis. Should the period of probation be extended pursuant to either paragraph 7 or 8 above, the applicant, therefore, further agrees that such extension shall be for a minimum of three up to five years.

10. The applicant specifically consents to and authorizes the release of any and all materials in the applicant’s file to The Florida Bar that the Bar may request from the Board to enable the Bar to fulfill its responsibilities under this Consent Agreement.

■ A True Copy Test:

John A. Tomasino Clerk, Supreme Court


source: Caselaw Access Project

license: Public Domain

text:
    FLORIDA BOARD OF BAR EXAMINERS RE: J.M.B.
    CASE NO.: SC17-2014
    Supreme Court of Florida.
    DECEMBER 1, 2017
   Upon consideration of the Report and Recommendation filed by the Florida Board of Bar Examiners, it is ordered that the Board’s recommendation is approved by the Court and J.M.B. shall be admitted to The Florida Bar subject to the following conditions: •

1. The applicant’s license to practice law shall be placed on probation for a period of five years.

2. During the period of probation, the applicant shall:

(a) abstain from the consumption of alcoholic beverages;
(b) abstain from the use of controlled substances except as prescribed by a duly licensed medical physician and approved by Florida Lawyers Assistance, Inc.;
(c) participate actively in the program offered by Florida Lawyers Assistance, Inc. during the entire probationary period by complying with the rehabilitation contract with that organization executed on March 2, 2017, and by extending the contract to cover the entire period of probation if necessary;
(d) participate actively in Alcoholics/Nareotics Anonymous by attending, at least, weekly meetings or such greater frequency as required by Florida Lawyers Assistance, Inc.; practice AA/NA principles in all of his affairs and carry the AA/NA message to other substance dependent individuals;
(e) attend attorney support meetings at least monthly, or at such greater frequency as required by Florida Lawyers Assistance, Inc.;
(f) submit to and pay for a minimum of six (6) random urine ' drug/alcohol screens annually, as well as any other hair, blood, sweat, or other substance screening tests determined to be appropriate by Florida Lawyers Assistance, Inc.; and
(g) submit quarterly sworn statements to The Florida Bar by March 31, June 30, September 30, and December 31 during the probationary period attesting to his compliance with the conditions set forth in 2 (a), (b), (c), (d) and (e) above.

3. The Florida Bar shall monitor the conditions set forth in the Consent Agreement pursuant to Rule l-3.2(b) of the Rules Regulating The Florida Bar, and the costs thereof shall be paid by the applicant to The Florida Bar or its designated monitoring agency.

4. To monitor effectively the provisions in this agreement, the applicant shall reside within the State of Florida during the entire period of probation. Any business or pleasure trips outside Florida-that exceed ten days shall occur only with the advance approval of The Florida Bar. If the applicant relocates outside the State of Florida during the probationary period for any reason, the applicant shall surrender his license to practice law in Florida and if the applicant fails to do so, the Supreme Court of Florida shall terminate his license.

5. The applicant shall immediately inform The .Florida Bar of any criminal arrest or prosecution and the filing of any grievance or complaint related to the applicant’s practice of law.

6. If the. applicant’s license is surrendered or terminated during the probationary period, the applicant shall resume the practice of law in the State of Florida only upon full compliance with the rules and regulations governing admission to The Florida Bar..

7.A failure to observe the conditions of the probation or a‘ finding of probable cause as to conduct of the applicant committed during the period of probation may terminate the probation and subject the applicant to all available grievance procedures and disciplinary sanctions including disbarment under the Rules of Discipline. Upon receiving notice of a violation of the Court’s order of conditional admission, The Florida Bar may immediately petition the Court for an order of suspension. The applicant shall have ten days to file a response. If no response is timely filed by the applicant, then the Court shall issue an order suspending the applicant. If a response is filed, the matter shall be disposed of as the Court directs. Unless terminated by the Court, an order of suspension shall remain in effect until final disposition of the grievance procedures commenced by The Florida Bar against the applicant.

.8. If .circumstances so warrant it, the applicant and The Florida Bar may stipulate to an extension of the period of probation or The Florida Bar may petition the Court for such an extension with a final decision to be made by the Court.

9. The' applicant acknowledges that an uninterrupted period of documented sobriety for a minimum period of time must be established prior to admission to The Florida Bar on an unconditional basis; Should the period of probation be extended pursuant to either paragraph 7 or 8 above, the applicant, therefore, further agrees that such extension shall be for a minimum of three up to five years.

10. The applicant specifically consents to and authorizes the release of any and all materials in the applicant’s file to The Florida Bar that the Bar may request from the Board to enable the Bar to fulfill its responsibilities under this Consent Agreement,

■ A- True Copy Test:

John A. Tomasino Clerk, Supreme Court


text:
    Dammion WALKER, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-1016
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   Petition for Writ of Mandamus — Original Jurisdiction

Denied.


text:
    Shedrick LURRY, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-0080
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Leon County. Martin A. Fitzpatrick, Judge.

AFFIRMED.


text:
    Robert PAYNE, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5392
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Duval County. Waddell A. Wallace, Judge.

AFFIRMED.


text:
    Michael REIGELSPERGER, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4902
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge.

AFFIRMED.


text:
    Phillip WASHINGTON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5335
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge.

AFFIRMED.


text:
    James Tristan GAY, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4837
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Bay County. James B. Fensom, Judge.

AFFIRMED.


text:
    Ernest Emory DAVIS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4815
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Okaloosa County. John T. Brown, Judge.

AFFIRMED.


text:
    Rocky Eugene JACKSON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-4668
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017.
   An appeal from an order of the Circuit Court for Okaloosa County. Keith Brace, Judge.

AFFIRMED.


text:
    Ali L. PERKINS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-1788
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Duval County. Waddell A. Wallace; Judge.

AFFIRMED.


text:
    Michael Brandon BURNETT, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5630
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Escambia County. J. Scott Duncan and John Parnham, Judges.

AFFIRMED.


text:
    Tyrone HARRIS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-3620
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Taylor County. Gregory S. Parker, Judge.

AFFIRMED.


text:
    Anthony D. DIXON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-1162
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
    Rehearing Denied July 12, 2017
   An appeal from the Circuit Court for Duval County. Jack M. Schemer, Judge.

AFFIRMED.


text:
    Carlton X. MATHEWS, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-0769
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   Petition for Writ of Prohibition — Original Jurisdiction

Denied.


text:
    John R. FRAISER, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-3291
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Duval County. Waddell A. Wallace, Judge.

AFFIRMED.


text:
    Tony MCGEEHEE, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-0493
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.

AFFIRMED.


text:
    Montevious CURTIS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-0204
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from an order of the Circuit Court for Alachua County. David P. Kreider, Judge.

AFFIRMED.


text:
    Christopher ANDERSON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5780
    District Court of Appeal of Florida, First District.
    Opinion filed June 5, 2017
   An appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge.'

AFFIRMED.


text:
    Natalie Gail ADKINS, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-0046
    District Court of Appeal of Florida, First District.
    Opinion filed June 6, 2017
   An appeal from an order of the Circuit Court for Duval County. Marianne L. Aho, Judge.

AFFIRMED.


text:
    John HALL, Appellant, v. SARASOTA SHERIFF’S OFFICE and Johns Eastern Company, Inc., Appellees.
    CASE NO. 1D16-5005
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017
   An appeal from an order of Judge of Compensation Claims. Diane B. Beck, Judge.

Date of Accident: October 8, 2001.

AFFIRMED.


text:
    DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Appellant, v. MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.
    CASE NO. 1D16-4131
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017
   An appeal from the Public Employees Relations Commission.

AFFIRMED.


text:
    James H. ROGERS, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.
    CASE NO. 1D16-3090
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017.
   An appeal from Criminal Justice Standards and Training Commission.

AFFIRMED.


text:
    Misty Dawn JOHNSTON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-2351
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017
   An appeal from the Circuit Court for Escambia County. Jennie M. Kinsey, Judge.

AFFIRMED.


text:
    Misty Dawn JOHNSTON, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-2350
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017.
    Rehearing Denied July 31, 2017
   An appeal from the Circuit Court for Escambia County. Jennie M. Kinsey, Judge.

AFFIRMED.


text:
    Michael MOSLEY, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-546
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017
   An appeal from the Circuit Court for Escambia County. Gary L. Bergosh, Judge.

AFFIRMED.


text:
    Randie SAMUEL, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-0367
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017
   An appeal from the Circuit Court for Leon County. Terry Lewis, Judge.

AFFIRMED.


text:
    William Joseph DESMOND, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D15-2937
    District Court of Appeal of Florida, First District.
    Opinion filed June 15, 2017.
   An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

AFFIRMED.


text:
    Hank & Christine STRINGER, as Personal Representatives of the Estate of Morgan Faith Stringer, Appellant, v. Bobbie L. DUGGER, Kelly Dugger, and Dalton Dugger, Appellee.
    CASE NO. 1D16-354
    District Court of Appeal of Florida, First District.
    Opinion filed June 21, 2017.
    Rehearing Denied July 31, 2017
   An appeal from the Circuit Court for Wakulla County. Dawn Caloea-Johnson, Judge.

AFFIRMED.


text:
    Calvin JOPPY, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-1762
    District Court of Appeal of Florida, First District.
    Opinion filed June 26, 2017
   Petition for Writ of Prohibition — Original Jurisdiction.

Denied.


text:
    Bennie E. SMITH, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D17-0359
    District Court of Appeal of Florida, First District.
    Opinion filed June 28, 2017
   An appeal from the Circuit Court for Escambia County. Jennie M. Kinsey, Judge.

AFFIRMED.


text:
    Michael G. MCSWAIN, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-2050
    District Court of Appeal of Florida, First District.
    Opinion filed June 30, 2017
    Rehearing Denied October 17, 2017
   Petition for Writ of Habeas Corpus— Original Jurisdiction.

Denied on the merits.


text:
    Jordan LOMBARDY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1215
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal from the Circuit Court for Lee County; Margaret O. Steinbeck, Judge.

Affirmed.


text:
    Gregory Lanard GUNN, Sr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-163
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal from the Circuit Court for Hills-borough County; Thomas P. Barber, Judge.

Affirmed.


text:
    B.J.E., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2328
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal from the Circuit Court for Manatee County; Charles Williams, Judge.

Affirmed.


text:
    IN RE GUARDIANSHIP OF Suzanne SCHWARTZ, an incapacitated person. Carolyn Lee, Appellant, v. Kerry Burke, as guardian of Suzanne Schwartz, an incapacitated person, Appellee.
    Case No. 2D16-2699
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal from the Circuit Court for Pinel-las County; Linda R. Allan, Judge.

Affirmed.


text:
    Christopher Alexander AUSTIN, DOC #E37546, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3192
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal from the Circuit Court for Pinel-las County; Philip J. Federico, Judge.

Affirmed.


text:
    Antonio M. WHEELER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3215
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Gregory P. Holder, Judge.

Affirmed.


text:
    Tabatha CRAWFORD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3246
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Hunter W. Carroll, Judge.

Affirmed.


text:
    Bobbie L. JACKSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3405
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Lisa D. Campbell, Judge.

Affirmed.


text:
    Anthony J. VACCA, II, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3571
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Charlotte County; George C. Richards, Judge.

Affirmed.


text:
    Richard MARGAREJO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3671
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Lisa D. Campbell, Judge.

Affirmed.


text:
    Charles CANNELLA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3681
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Tom Barber, Judge.

Affirmed.


text:
    William B. LEWIS, Sr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3803
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App, P. 9.141(b)(2) from the Circuit Court for Polk County; Reinaldo Ojeda, Judge.

Affirmed.


text:
    Anthony MCWHIRTER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3850
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pas-co County; Pat Siracusa, Judge.

Affirmed.


text:
    Antwan E. BROWN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3858
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pi-nellas County; Chris Helinger, Judge.

Affirmed.


text:
    Ronald MCLEAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3884
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Reinaldo Ojeda, Judge.

Affirmed.


text:
    Alvin ROGERS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3901
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pi-nellas County; Chris Helinger, Judge.

Affirmed.


text:
    Calvin EVERETT, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3909
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Kimberly K. Fernandez, Judge..

Affirmed.


text:
    Candelario ZERQUERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3912
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; Ramiro Manalich, Judge.

Affirmed.


text:
    James MOND, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3915
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle Sisco, Judge.

Affirmed.


text:
    Lee SMITH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3917
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Susan B. Maulucci, Judge.

Affirmed.


text:
    Frederick C. SMITH, a/k/a Cedrick Larry, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3920
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pi-nellas County; Philip J. Federico, Judge.

Affirmed.


text:
    Darryl B. JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3947
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge.

Affirmed.


text:
    Darryl B. JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4146
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pi-nellas County; Philip J. Federico, Judge.

Affirmed.


text:
    Craig GADSDEN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4184
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Vivian T. Corvo, Judge.

Affirmed.


text:
    IN RE GUARDIANSHIP OF Leon BLOOM, an alleged incapacitated person. Marshall Bloom, Petitioner, v. Dorothy B. Bloom and Robert M. Elliott, as Trustee of the Leon Bloom Revocable Living Trust u/a/d 11/18/1998, as Restated on 10/22/2009, Respondents.
    Case No. 2D16-4185
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Petition for Writ of Certiorari to the Circuit Court for Sarasota County; Charles E. Williams, Judge.

Dismissed.


text:
    Estella WILLIAMS, a/k/a Estella Mincey, Appellant, v. JPMORGAN CHASE BANK, N.A., Appellee.
    Case No. 2D16-789
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal from the Circuit Court for Pinel-las County; Thomas H. Minkoff, Judge.

Affirmed.


text:
    Hahn NGUYEN and Tuyen Nguyen, Appellants, v. TAYLOR MORRISON OF FLORIDA, INC., Appellee.
    Case No. 2D16-868
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017
   Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Hillsborough County; Cheryl Thomas, Judge.

Affirmed.


text:
    K.D., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-877
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2017.
   Appeal from the Circuit Court for Hills-borough County; Robert A. Bauman, Judge,

Affirmed.


text:
    Lewis Frederick THOMAS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1715
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Pinel-las County; Chris Helinger, Judge.

Affirmed.


text:
    Donald A. WALSH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1953
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Collier County; Lauren L. Brodie, Judge.

Affirmed.


text:
    Deena M. RUTH, Appellant, v. BANK OF AMERICA, Appellee.
    Case No. 2D16-2396
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Polk County; Mark F. Carpanini, Judge.

Affirmed.


text:
    James A. PRZEKLAS DC# 577006, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2525
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Susan B. Maulucci, Judge.

Affirmed.


text:
    Amanda PERSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D15-4007
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Hills-borough County; Mark D. Kiser, Judge.

Affirmed.


text:
    Joseph Michael ALEXANDER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D15-4190
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Pinel-las County; Joseph A. Bulone, Judge.

Affirmed.


text:
    Tiffany FUENTES, Appellant, v. Gary POTTS and Scott Gengler, Appellees.
    Case No. 2D15-4964
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Pinel-las County; John A. Schaefer, Judge.

Affirmed.


text:
    FLORIDA PENINSULA INSURANCE COMPANY, Appellant, v. Lonnie BAKER, Appellee.
    Case No. 2D15-5384
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Polk County; John Radabaugh, Judge.

Affirmed.


text:
    Laura KALEEL, Appellant, v. Molly MCLOUGHLIN, Appellee.
    Case No. 2D15-5585
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Hills-borough County; Ashley Moody, Judge.

Affirmed.


text:
    Judy Dollar HULCHER, DOC #H47964, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1079
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Polk County; Reinaldo Ojeda, Judge.

Affirmed.


text:
    HUDSON HARBOUR CONDOMINIUM ASSOCIATION, INC., Appellant, v. Gordon MACMAHON and Elaine S. MacMahon, Appellees.
    Case No. 2D16-1093
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Sarasota County; Rochelle T. Curley, Judge.

Affirmed.


text:
    ESTATE BUYERS, LLC, Appellant, v. CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2013-1, Beck A. Weinert and Falyn E. Mizell aka Falyn E. Weinert, Appellee.
    Case No. 2D16-1290
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Pinel-las County; Bruce Boyer, Judge.

Affirmed.


text:
    Brenda DOTY and James Doty, as Personal Representatives of the Estate of Aaron Doty, Appellants, v. Joseph R. WEBER and Sherri Weber, Appellees.
    Case No. 2D16-1484
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Highlands County; Michael E. Raiden, Judge.

Affirmed.


text:
    Patrick Duncan GAMMAGE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1515
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Deso-to County; Kimberly Bonner, Judge.

Affirmed.


text:
    Thomas John NELSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2741
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal pursuant to Fla. R. App. P. 9,130 from the Circuit Court for Hillsborough County; Michelle Sisco, Judge.

Affirmed.


text:
    Geno STEPHENS, DOC #R09797, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2892
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pi-nellas County; Thane B. Covert, Judge.

Affirmed.


text:
    Junell K. BRADY, Appellant, v. Rosetta Holbrook BRADY, Appellee.
    Case No. 2D16-291
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Appeal from the Circuit Court for Pinel-las County; Keith Meyer, Judge.

Affirmed.


text:
    Stephen RABOW, Petitioner, v. STATE of Florida, Respondent.
    Case No. 2D16-3071
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017
   Petition for Writ of Certiorari to the Circuit Court for Sarasota County; Brian Iten, Judge.

Denied.


text:
    Maria Tereza De Castelo Branco Ferreira CLEARY, a/k/a M. Tereza Cleary, Appellant, v. Robert W. CLEARY, Appellee.
    Case No. 2D16-3203
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Hillsborough County; Catherine M. Catlin, Judge.

Affirmed.


text:
    Alton COLEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3276
    District Court of Appeal of Florida, Second District.
    Opinion filed February 24, 2017.
   Appeal from the Circuit Court for Pinel-las County; Nancy Moate Ley, Judge.

Affirmed.


text:
    Antonio A. IGLESIAS, Appellant(s)/Petitioner(s), v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2295
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T.NO.: 16-9089

Dismissed.


text:
    Atiyya JOSEPH, Appellant(s)/Petitioner(s), v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2444
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T.NO.: 16-2814

Dismissed.


text:
    Tamara N. TRAINOR, Appellant(s)/Petitioner(s), v. Jose Heraldo Mendez CISNEROS, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2540
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 13-918

Dismissed.


text:
    Mario E. GONZALEZ, Appellant(s)/Petitioner(s), v. Geoffrey RODRIGUEZ, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0374
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 16-31374

Dismissed.


text:
    Samson HYLAND, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0593
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 08-21027

Denied.


text:
    Johnathan Nathaniel DAVIS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1093
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 13-8600

Dismissed.


text:
    Titus L. HENLEY, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0540
    District Court of Appeal of Florida, Third District.
    MARCH 31, 2017
   L.T. NO.: 07-17576

Dismissed.


text:
    INTERNATIONAL REALTY SERVICES AND INVESTMENTS CORP., et al., Appellant(s)/Petitioner(s), v. Joe COMESANA, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0795
    District Court of Appeal of Florida, Third District.
    APRIL 21, 2017
   L.T. NO.: 15-862

ORDERED.


text:
    BRICKELL SHORES CONDOMINIUM, INC., Appellant(s)/Petitioner(s), v. Thomas LUND-HANSEN, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2404
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2017
   L.T. NO.: 15-2656

Dismissed.


text:
    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant(s)/Petitioner(s), v. Sonia Tatiana O’BRIEN, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2867
    District Court of Appeal of Florida, Third District.
    APRIL 21, 2017
   L.T. NO.: 13-38041

Dismissed.


text:
    Samson HYLAND, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0448
    District Court of Appeal of Florida, Third District.
    MARCH 31, 2017
   L.T. NO.: 08-21027

Dismissed as moot.


text:
    Dennis WILLIAMS, Appellant(s)/Petitioner(s), v. George LICHTENSTEIN and Eva Lichtenstein, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2259
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 15-26937

Dismissed.


text:
    Dennis WILLIAMS, Appellant(s)/Petitioner(s), v. GLE2, LLC and Kenneth Bonnardel, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2257
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 15-26937

Dismissed.


text:
    Dennis WILLIAMS, Appellant(s)/Petitioner(s), v. 19HAY, LLC, Oceanpointe Realty, Inc., and Chana Bonnardel, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2258
    District Court of Appeal of Florida, Third District.
    MARCH 30, 2017
   L.T. NO.: 15-26937

Dismissed.


text:
    Fidel Angel CASTRO, Appellant(s)/Petitioner(s), v. BANK OF AMERICA, N.A., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1359
    District Court of Appeal of Florida, Third District.
    APRIL 04, 2017
   L.T. NO.: 12-16092

Dismissed.


text:
    EL RINCONCITO RESTAURANT CORP., Appellant(s)/Petitioner(s), v. PAYMENT ALLIANCE INTERNATIONAL, INC., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2880
    District Court of Appeal of Florida, Third District.
    APRIL 04, 2017
   L.T. NO.: 16-20095

Dismissed.

Granted and remanded.


text:
    Laguan WARD, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0735
    District Court of Appeal of Florida, Third District.
    APRIL 05, 2017
   L.T. NO.: 08-13520

Denied.


text:
    Carlos RUIDIAZ, Appellant(s)/Petitioner(s), v. US BANK NATIONAL ASSOCIATION, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1790
    District Court of Appeal of Florida, Third District.
    APRIL 05, 2017
   L.T. NO.: 15-23965

Dismissed.


text:
    Robert David DEL CASTILLO, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-469
    District Court of Appeal of Florida, Third District.
    Opinion filed April 26, 2017
   An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge. Lower Tribunal Nos. OS-41627 & 13-11183

Affirmed.


text:
    Lynwood ROBERTS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2270
    District Court of Appeal of Florida, Third District.
    APRIL 06, 2017
   L.T. NOS.: 08-33235, 08-41094

Dismissed.


text:
    OCEAN BANK, Appellant(s)/Petitioner(s), v. Jovany ALVAREZ, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0231
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2017
   L.T. NO.: 09-38387

Dismissed.


text:
    Sandra Witty FORTUNATO, Appellant(s)/Petitioner(s), v. GOLFWOOD OF the CALIFORNIA CLUB HOMEOWNERS ASSOCIATION, INC., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0853
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2017
   L.T. NO.: 15-11772

Dismissed.


text:
    REGIONS BANK, Appellant(s)/Petitioner(s), v. AMERICAN LEISURE RESORTS, INC., etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1458
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2017
   L.T. NO.: 10-43000

Granted. Dismissed.


text:
    Alexander MORENO, Appellant(s)/Petitioner(s), v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0561
    District Court of Appeal of Florida, Third District.
    APRIL 06, 2017
   L.T. NO.: 17-225

Dismissed.


text:
    Alex Thomas BELL, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1160
    District Court of Appeal of Florida, Third District.
    APRIL 06, 2017
   L.T. NO.: 03-20757

Dismissed.


text:
    CASA CLARA CONDOMINIUM ASSOCIATION, INC., Appellant(s)/Petitioner(s), v. KEYS ENGINEERING SERVICES, INC., etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2261
    District Court of Appeal of Florida, Third District.
    APRIL 25, 2017
   L.T. NO.: 11-228

Dismissed.


text:
    DALMATIA REAL ESTATE, LLC, Appellant(s)/Petitioner(s), v. REVERSE MORTGAGE SOLUTIONS, INC., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2437
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2017
   L.T. NO.: 15-23687

Dismissed.


text:
    STATE of Florida, DEPARTMENT OF REVENUE, etc., Appellant(s)/Petitioner(s), v. Dion D. MCGLOUN, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2752
    District Court of Appeal of Florida, Third District.
    APRIL 26, 2017
   L.T. NO.: 13-31711

Dismissed.


text:
    UNIVERSAL PROPERTY & CASUALTY INSURANCE CO., Appellant(s)/Petitioner(s), v. Daniel TIEL, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0556
    District Court of Appeal of Florida, Third District.
    APRIL 07, 2017
   L.T. NO.: 14-21292

Dismissed.


text:
    Angela M. DIEGO, Appellant(s)/Petitioner(s), v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0808
    District Court of Appeal of Florida, Third District.
    MAY 02, 2017
   L.T. NO.: 09-13591

Dismissed.


text:
    Corey A. STEWART, Appellant(s)/Petitioner(s), v. DEPARTMENT OF REVENUE O/B/O Lytisa D. SMALL, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1377
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2017
   L.T. NO.: 13150022588FC, 1350961850, 15-22588

Dismissed.


text:
    K.H., Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0233
    District Court of Appeal of Florida, Third District.
    APRIL 10, 2017
   L.T. NO.: 15-6358, DCF-16-111-FO

Granted. Dismissed.


text:
    Michael ANDERSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0564
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2017
   L.T. NO.: 12-5807

Dismissed.


text:
    Virgil Lee HARRIS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0736
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2017
   L.T. NO.: 97-28460

Denied.


text:
    GREENSPECTRUM LLC, etc., et al., Appellant(s)/Petitioner(s), v. Rolando VAZQUEZ, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0754
    District Court of Appeal of Florida, Third District.
    MAY 02, 2017
   L.T. NO.: 16-25888

Dismissed.


text:
    Victor RODRIGUEZ, Appellant(s)/Petitioner(s), v. MARK YACHT CLUB ON BRICKELL BAY, Appellee(s)/Respondent(s).
    CASE NO.: 3D17-0807
    District Court of Appeal of Florida, Third District.
    APRIL 13, 2017
   L.T. NOS.: 12-43411,17-3079

Denied.


text:
    Josue CARIUS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0810
    District Court of Appeal of Florida, Third District.
    APRIL 13, 2017
   L.T. NO.: 09-19928

Denied.


text:
    MIAMI VENTURE PROPERTIES, LLC, Appellant(s)/Petitioner(s), v. Raphael REBOH, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0648
    District Court of Appeal of Florida, Third District.
    APRIL 11, 2017
   L.T. NO.: 16-2825

Dismissed.


text:
    Grabiel DOMINGUEZ, Appellant(s)/Petitioner(s), v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-0845
    District Court of Appeal of Florida, Third District.
    APRIL 11, 2017
   L.T. NO.: 15-4648

Dismissed.


text:
    Darrell Keith WILSON, Sr., Appellant(s)/Petitioner(s), v. MIAMI-DADE COUNTY, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1374
    District Court of Appeal of Florida, Third District.
    APRIL 11, 2017
   L.T. NO.: 16-3639

Dismissed.


text:
    LONDON FINANCIAL COMPANY, LLC, Appellant(s)/Petitioner(s), v. Christian J. JOHANNSEN and Wendy C. Johannsen, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2403
    District Court of Appeal of Florida, Third District.
    APRIL 11, 2017
   L.T. NO.: 14-17985

Granted. Dismissed.

Granted and remanded.


text:
    PZP INVESTMENTS, INC., et al., Appellant(s)/Petitioner(s), v. INTERNATIONAL FINANCE BANK, Appellee(s)/Respondent(s).
    CASE NO.: 3D16-2753
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2017
   L.T. NO.: 12-23576

Denied.


text:
    CITIZENS PROPERTY INSURANCE CORPORATION, Appellant(s)/Petitioner(s), v. Francisco PONS and Elizabeth Pons, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0005
    District Court of Appeal of Florida, Third District.
    APRIL 28, 2017
   L.T. NO.: 12-26621

Dismissed.


text:
    NCA INVESTMENTS LLC, Appellant(s)/Petitioner(s), v. US BANK, N.A., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0194
    District Court of Appeal of Florida, Third District.
    APRIL 12, 2017
   L.T. NO.: 15-26723

Dismissed.


text:
    Curtis FEIMSTER, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0555
    District Court of Appeal of Florida, Third District.
    APRIL 13, 2017
   L.T. NO.: 82-3611

Dismissed as moot.


text:
    LA GORCE PALACE CONDOMINIUM ASSOCIATION, INC., Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellee.
    Nos. 3D16-1891 & 3D14-2816
    District Court of Appeal of Florida, Third District.
    Opinion filed May 3, 2017
   Appeals from the Circuit Court for Miami-Dade County, John Schlesinger, Judge, and John A. Frusciante, Senior Judge. Lower Tribunal No. 09-39237

Affirmed.


text:
    Alfred MUHAMMAD, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0416
    District Court of Appeal of Florida, Third District.
    APRIL 10, 2017
   L.T. NO.: 15-19690,15-385

Dismissed.


text:
    Ralph NAVARRO, Appellant(s)/Petitioner(s), v. Felix PEREZ and Ana Contreras, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1522
    District Court of Appeal of Florida, Third District.
    MAY 09, 2017
   L.T. NO.: 14-22920

Dismissed.


text:
    Michael FOSTER, etc., Appellant(s)/Petitioner(s), v. BANK OF AMERICA, N.A., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0321
    District Court of Appeal of Florida, Third District.
    MAY 03, 2017
   L.T. NO.: 16-19802

Dismissed.


text:
    Joseph PIRELA, Appellant(s)/Petitioner(s), v. Angel VILLALOBOS, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0588
    District Court of Appeal of Florida, Third District.
    APRIL 03, 2017
   L.T. NO.: 09-81894

Dismissed.


text:
    Jorge Luis GURDIEL, Appellant(s)/Petitioner(s), v. Oriana Delle Cave DE GURDIEL, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0598
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 10-22182

Dismissed.


text:
    Thaddeus John DANIELS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1946
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 13-972

Dismissed.


text:
    Miguel S. ROBINSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2078
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 08-12065

Dismissed.


text:
    Joseph PIRELA, Appellant(s)/Petitioner(s), v. DEUTSCHE BANK, etc., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0587
    District Court of Appeal of Florida, Third District.
    APRIL 03, 2017
   L.T. NO.: 09-69336

Dismissed.


text:
    Joseph PIRELA, Appellant(s)/Petitioner(s), v. The STATE of Florida, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0616
    District Court of Appeal of Florida, Third District.
    APRIL 03, 2017
   L.T. NO.: 16-426

Dismissed.


text:
    James M. RAIMONDI, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0893
    District Court of Appeal of Florida, Third District.
    APRIL 24, 2017
   L.T. NO.: 16-28283

Denied.


text:
    Denisse MCBRIDE, Appellant(s)/Petitioner(s), v. Daniel S. MCBRIDE, Appellee(s)/Respondent(s).
    CASE NO.: 3D16-2141
    District Court of Appeal of Florida, Third District.
    MAY 08, 2017
   L.T. NO.: 15-1083

Dismissed.


text:
    Renard WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
    No. 3D17-0499
    District Court of Appeal of Florida, Third District.
    Opinion filed May 10, 2017
   An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Veronica A. Diaz, Judge. Lower Tribunal No. 99-37478

Affirmed.


text:
    3L REAL ESTATE LLC, Appellant(s)/Petitioner(s), v. WELLS FARGO BANK, N.A., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D16-1724
    District Court of Appeal of Florida, Third District.
    MAY 08, 2017
   L.T, NO.: 10-51271

Dismissed.


text:
    Kathy STEVENS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
    CASE NO.: 3D16-2235
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 11-27085

Dismissed.


text:
    GRANITE EXPRESS OF USA, INC., Appellant(s)/Petitioner(s), v. JACIGUA MARMORES E GRANITOS, LTDA., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0581
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 15-111

Dismissed,


text:
    Corey Attway BROWN, Appellant(s)/Petitioner(s), v. DEPARTMENT OF REVENUE and Querisha Tashika Lane, Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0597
    District Court of Appeal of Florida, Third District.
    APRIL 18, 2017
   L.T. NO.: 16-26961

Dismissed.


text:
    Joseph PIRELA, Appellant(s)/Petitioner(s), v. WELLS FARGO BANK, N.A., et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0614
    District Court of Appeal of Florida, Third District.
    MARCH 31, 2017
   L.T. NO.: 05-12443

Dismissed.


text:
    Joseph PIRELA, Appellant(s)/Petitioner(s), v. Donald (Personal Rep) SMITH, et al., Appellee(s)/Respondent(s),
    CASE NO.: 3D17-0679
    District Court of Appeal of Florida, Third District.
    APRIL 20, 2017
   L.T. NO.: 16-31479

Dismissed.


text:
    Christopher M. COREY, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1825
    District Court of Appeal of Florida, Fourth District.
    [September 6, 2017]
   Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 00-021723CF10A,

Affirmed.


text:
    Oliver S. STEEL, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1851
    District Court of Appeal of Florida, Fourth District.
    [September 6, 2017]
   Appeal of order denying rule 3,800 motion from the Circuit Court for the Seventeenth Judicial Circuit,. Broward County; Edward Harold Merrigan, Judge; L.T. Case No. 89 26582CF10B.

Affirmed.


text:
    S.B., the mother, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 4D17-1904
    District Court of Appeal of Florida, Fourth District.
    September 15, 2017
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alberto Ribas, Jr., Judge; L.T. Case No. 14-5985 CJ-DP.

Affirmed.


text:
    Kens METELLUS, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-1670
    District Court of Appeal of Florida, Fourth District.
    September 20, 2017
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 10-000869CF10B.

Affirmed.


text:
    Zhivago WALKER, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2940
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. 15-4555CF10A.

Affirmed.


text:
    L.N., a child, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3057
    District Court of Appeal of Florida, Fourth District.
    September 20, 2017
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James L. Martz, Judge; L.T. Case No. 16CJ001001AMB.

Affirmed.


text:
    Mavis MCBRIDE, Mavis McBride, as Trustee of the Mavis McBride Real Property Revocable Trust and Christopher Wentworth Virtue a/k/a Christopher Virtue, Appellants, v. DITECH FINANCIAL, LLC f/k/a Green Tree Servicing, LLC, Appellee.
    No. 4D16-3118
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 2015-CA-020812 (11).

Affirmed.


text:
    Ricardo CEDENO and Carmen Crespo Acosta, Appellants, v. BANK OF NEW YORK MELLON, Appellee.
    No. 4D16-3501
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B, Colton, Judge; L.T. Case No. 50-2015-CA-013590-XXXX-MB.

Affirmed.


text:
    Felix PERNETT, Appellant, v. AMERICAN AIRLINES INC., and TWU Local 568 Miami, FL., Appellees.
    No. 4D17-318
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas H. Barkdull, III, Judge; L.T. Case No. 50-2013-CA-002695-XXXXMB.

Affirmed.


text:
    Troy WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-509
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of order denying rule 3.853 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dennis D. Bailey, Judge; L.T. Case No. 04-5077CP10A.

Affirmed.


text:
    George C. GRIMSLEY, Appellant, v. EXECUTIVE TRUST, LTD. d/b/a Malibu Bay Apartments, Appellee.
    No. 4D17-930
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard Oftedal, Judge; L.T. Case ' No. 502016CA006414XXXXMB.

Affirmed.


text:
    Todd WILLIAMSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1603
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. 01-17561CF10A.

Affirmed.


text:
    Donald H. EASTWOOD, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1786
    District Court of Appeal of Florida, Fourth District.
    September 20, 2017
   Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, Judge; L.T. Case Nos. 501992CF010773A and 501992CF014734A.

Affirmed.


text:
    Johnny HARRIS, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1881
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case No.'OO 21370CF10A. .

Affirmed.


text:
    Ambrose CALVIN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2102
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, Judge; L.T. Case No. 2013CF010201D.

Affirmed.


text:
    Jamie LITTLE, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2543
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case No. 15005360 CF10A.

Affirmed,


text:
    Cullan F. MEATHE, 2519 Aqua Vista Blvd., LLC, Appellant, v. CITIBANK, N.A., as Trustee FOR FDIC 2010-RI TRUST, Appellee.
    No. 4D16-3117
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry J. Stone, Senior Judge; L.T. Case No. CACE 14015591.

Affirmed.


text:
    Thomas MUNDY, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Grantor Trustee FOR the HOLDERS OF BEAR STEARNS ARM TRUST, GRANTOR TRUST CERTIFICATES, SERIES 2005-2, Appellee.
    No. 4D17-542
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. CACE 08-20118 (11).

Affirmed.


text:
    Mixon JUSTE, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1849
    District Court of Appeal of Florida, Fourth District.
    [September 20, 2017]
   Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dennis D. Bailey, Judge; L.T. Case No. 11-726CF10A.

Affirmed.


text:
    C.T., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 4D17-1342
    District Court of Appeal of Florida, Fourth District.
    [September 22, 2017]
   Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Larry Schack, Senior Judge; L.T. Case No. 15-300475.

Affirmed.


text:
    Audere INMAN, Appellant, v. U.S. BANK, N.A., Successor Trustee to Lasalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Backed Securities I Trust 2007-HEI, etc., et al., Appellees.
    Case No. 5D16-421
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
    Rehearing/Rehearing En Banc Denied September 27, 2017
   Appeal from the Circuit Court for Citrus County, Carol A. Falvey, Judge.

AFFIRMED.


text:
    Gordon T. CARTWRIGHT, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2371
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.

AFFIRMED.


text:
    Charles Henry RIVERA-MUNOZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1998
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge.

AFFIRMED.


text:
    Nathaniel E. COLON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1468
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850Appeal from the Circuit Court for Orange County, Leticia J. Marques, Judge.

AFFIRMED.


text:
    Darvis JAMES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-826
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, A. James Craner, Judge.

AFFIRMED.


text:
    Daniel LUNA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-803
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge.

AFFIRMED.


text:
    Kelly SANCHEZ, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee ON BEHALF OF the HOLDERS OF the J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH5 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2007-CH5, et al., Appellees.
    Case No. 5D16-3896
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge.

AFFIRMED.


text:
    Felix Alejandro PEREZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3475
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge.

AFFIRMED.


text:
    James Aaron TODD, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2732
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Volu-sia County, Frank Marriott, Judge.

AFFIRMED.


text:
    Georgina Laracuente ALVAREZ, Appellant, v. Edward Luna SANTIAGO, Appellee.
    Case No. 5D16-2632
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Kim Shepard, Judge.

AFFIRMED.


text:
    Shan FRANCIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2517
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Keith A. Carsten, Judge.

AFFIRMED.


text:
    Leroy WHITTY, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-2495
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for St. Johns County, J. Michael Trayn’or, Judge.

AFFIRMED.


text:
    John Mark WYNNE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-950
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Volu-sia County, Terence R. Perkins, Judge.

AFFIRMED.


text:
    Jessie L. DORSEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2349
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.800 Appeal from the Circuit Court for Lake County, Lawrence J. Sementó, Judge.

AFFIRMED.


text:
    Erin Lynn TIERNAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2360
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.801 Appeal from the Circuit Court for Osceola County, Greg A. Tynan, Judge.

AFFIRMED.


text:
    Jeffrey TERRY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1944
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850 Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.

AFFIRMED.


text:
    Jonpaul GONZALEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1681
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.800 Appeal from the Circuit Court for Orange County, Leticia J. Marques, Judge.

AFFIRMED.


text:
    Howard DOZIER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1340
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Orange County, Margaret H. Schreiber, Judge.

AFFIRMED.


text:
    Corey GUNSBY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3887
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.860 Appeal from the Circuit Court for Marion County, Jonathan D. Ohlman, Judge.

AFFIRMED.


text:
    Kissanna BAILEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3407
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Bre-vard County, Charles G. Crawford, Judge.

AFFIRMED.


text:
    Eric M. HENRY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3065
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.

AFFIRMED.


text:
    MCCORMICK 106, LLC, Appellant, v. RENTAL PROPERTIES OF ORLANDO, INC. and PNC Bank, N.A., Appellees.
    Case No. 5D16-2179
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Non-Final Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.

AFFIRMED.


text:
    David DAMUS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-1564
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.

AFFIRMED.


text:
    Jama JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2091
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850 Appeal from the Circuit Court for Lake County, Mark A Nacke, Judge.

AFFIRMED.


text:
    Robert PETERSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1506
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.800 Appeal from the Circuit Court for Orange County, Dan Traver, Judge.

AFFIRMED.


text:
    Steve Thurmond HARRIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1349
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.850 Appeal from the Circuit Court for Putnam County, Scott C. Dupont, Judge.

AFFIRMED.


text:
    Michael A. DAVIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1017
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   3.800 Appeal from the Circuit Court for Volusia County, Terence R. Perkins, Judge.

AFFIRMED.


text:
    Leroy LEE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-4301
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Volu-sia County, Leah R. Case, Judge.

AFFIRMED.


text:
    Cedric WALKER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3874
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Her-nando County, Daniel B, Merritt, Jr., Judge.

AFFIRMED.


text:
    Willie James JONES, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-3572
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Volu-sia County, Raul A. Zambrano, Judge.

AFFIRMED.


text:
    Cay A. RIVERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-1164
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Her-nando County, Stephen E. Toner, Jr., Judge.

AFFIRMED.


text:
    James D. PURKHISER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D16-4388
    District Court of Appeal of Florida, Fifth District.
    Decision filed August 29, 2017
   Appeal from the Circuit Court for Marion County, Jonathan D. Ohlman, Judge.

AFFIRMED.


text:
    Demond L. BOOKER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2316
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850 Appeal from the Circuit Court for Orange County, Keith A. Carsten, Judge.

AFFIRMED.


text:
    Edward L. KEATON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2269
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge.

AFFIRMED.


text:
    Dean ROCKMORE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2107
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge.

AFFIRMED.


text:
    Thomas J. RICHARDS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2062
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
    Rehearing Denied October 18, 2017
   3.850Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge.

AFFIRMED.


text:
    Robert James GOODMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1952
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.800 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.

AFFIRMED.


text:
    Lavonne Ramon WALKER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1911
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Sementó, Judge.

AFFIRMED.


text:
    James Robert HOPE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1853
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
    Rehearing/Rehearing En Banc Denied October 17, 2017
   3.800 Appeal from the Circuit Court for Putnam County, Scott C. Dupont, Judge.

AFFIRMED.


text:
    E.R., Father of J.R., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D17-1783
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   Appeal from the Circuit Court for Sumter County, Michelle T. Morley, Judge.

AFFIRMED.


text:
    Latrell R. OWENS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1768
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850 Appeal from the Circuit Court for Putnam County, Scott C. Dupont, Judge.

AFFIRMED.


text:
    Erickson OCCEUS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1741
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.800 Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge.

AFFIRMED.


text:
    Kenthaddeus TAYLOR, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1646
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850 Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge.

AFFIRMED.


text:
    Angel RODRIGUEZ, Appellant, v. STATE Of Florida, Appellee.
    Case No. 5D17-1488
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

AFFIRMED.


text:
    Bill R. FRISBIE, Appellant, v. The HEALTH LAW FIRM, Yankee Trailer Court, LLC and Yankee Trailer Court, Inc., Appellees.
    Case No. 5D17-1332
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   Non-Final Appeal from the Circuit Court for Seminole County, Michael J. Ru-disill, Judge.

AFFIRMED.


text:
    Denier A. VALENTIN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1156
    District Court of Appeal of Florida, Fifth District.
    Decision filed September 5, 2017
   3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.

AFFIRMED.


author: DAVIS, Chief Judge.

text:
    Anthony Scott MIDDLETON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D13-4032
    District Court of Appeal of Florida, Second District.
    Opinion filed November 5, 2014
    Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
   DAVIS, Chief Judge.

Anthony Middleton challenges the revocation of the probation he was serving in circuit court case numbers CRC05-00605 and CRC05-00736. Tjie tria} court found Middleton to be in violation of his probation for leaving his county of residence without permission, possessing a weapon, and committing new law offenses. We conclude that the trial court djd not err in finding that Middleton willfully and substantially violated his probation for leaving the county and committing the new offenses, and we affirm the revocation of his probation on those bases without further comment.

However, the trial court erred in finding Middleton in violation of condition five of his probation for possessing a weapon as that condition prohibited him from possessing a firearm. The State did not allege, and nothing in the record suggests, that Middleton possessed a firearm. As such, we remand for the trial court to strike the finding that Middleton violated condition five of his probation. See Miffin v. State, 19 So.3d 377, 379 (Fla. 2d DCA 2009) (“Because the State met its burden of proof as to the new law violation of grand theft motor vehicle, we affirm the revocation of probation and resulting sentences. However, we remand for the trial court to strike the findings that Miffin violated [cjonditions 1, 3, and 10.” (citation omitted)).

Affirmed but remanded.

WALLACE and SLEET, JJ., Concur.


author: PER CURIAM.

text:
    Steven IVES, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-0562
    District Court of Appeal of Florida, First District.
    Opinion filed December 13, 2017
    Candice Brower, General Counsel and Michael J. Titus, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Appellant raises three issues on appeal; only one has merit. We agree that the trial court erred by failing to enter a written order adjudicating appellant competent to proceed following an oral pronouncement of competence. Therefore, we AFFIRM appellant’s convictions, but REMAND for entry of a nunc pro tunc order declaring appellant competent. See Merriell v. State, 169 So.3d 1287, 1288-89 (Fla. 1st DCA 2015).

KELSEY, WINOKUR, and WINSOR, JJ., CONCUR.


text:
    Frederick ADDISON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2692
    District Court of Appeal of Florida, Fifth District.
    Opinion filed December 22, 2017
    Frederick Addison, Bristol, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

Frederick Addison appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the record does not conclusively refute Addison’s claim that counsel was ineffective for failing to depose or call the victim to testify for mitigation purposes at his sentencing on the violation of probation, we reverse the order summarily denying his motion and remand for attachment of portions of the record conclusively refuting the claim or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evi-dentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))).

REVERSED and REMANDED.

ORFINGER, BERGER and WALLIS, JJ., concur.


text:
    Deontrez L. KITT, Petitioner, v. STATE of Florida, Respondent.
    CASE NO. 1D17-1284
    District Court of Appeal of Florida, First District.
    Opinion filed December 27, 2017
    Deontrez L. Kitt, pro se, Petitioner.
    Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.
   PER CURIAM.

We dismissed the appeal in Kitt v. State, case number 1D14-5700, when appellate counsel failed to file any brief. We now grant Kitt’s petition for belated appeal, which we treat as a motion to reinstate, and we reinstate case number 1D14-5700. Appellant has already been determined indigent for purposes of appeal, and we relinquish jurisdiction to the trial court'for 20 days so that the trial court can appoint counsel to represent appellant on appeal. The initial brief in ease number 1D14-5700 shall be filed within 30 days of the order of appointment.

WINOKUR, JAY, and WINSOR, JJ„ CONCUR.


author: Ciklin, J.

text:
    Jackie S. BURGER, Appellant, v. STATE of Florida, Appellee.
    No. 4D14-4886
    District Court of Appeal of Florida, Fourth District.
    [December 13, 2017]
    Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
   Ciklin, J.

After he was sentenced to life in prison for nonhomicide , offenses he committed as a juvenile, Jackie Burger was granted re-sentencing pursuant to Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). He appeals the sentence imposed at resentencing: fifty-five years in prison followed by terms of supervision, We agree with Burger that, the sentence does not comport with Graham, and we reverse and remand for resentenc-ing. Based on our reversal, Burger’s ineffective assistance of counsel argument is moot.

In Graham, 560 U.S. at 75, 130 S.Ct. 2011, the United States Supreme Court held that'Florida’s‘practice of sentencing juvenile offenders to life imprisonment for nonhomicide crimes without1 “some meaningful opportunity to Obtain release based on demonstrated maturity and rehabilitation” violates the Eighth Amendment to the United States Constitution. In response to Graham, “[i]n 2014, the Legislature passed chapter 2014-220, • Laws of Florida, which provided judicial review for juvenile offenders who were tried as adults and received more than 20 years’ incarceration, with exceptions.” Johnson v. State, 215 So.3d 1237, 1239 (Fla. 2017). Chapter 2014-220, Laws of Florida, is codified in sections 775.082, 921.1401; and 921.1402, Florida Statutes (2014).

Recently, in the wake of the new sentencing statutes and opinions interpreting Graham, the Florida Supreme Court summarized the juvenile sentencing landscape in Florida:

[W]e must ensure that a juvenile nonho-micide offender does not receive a sentence that provides for release only at the end of a sentence (e.g. a 45-year sentence with no provision for obtaining early release based on a demonstration of maturity and rehabilitation before the expiration of the imposed term Secondly, we must ensure that a juvenile nonhomicide offender ... does not receive a sentence which includes early release that is not based on a demonstration of rehabilitation and maturity (i.e. gain time or other programs designed to relieve prison overpopulation). Last) we must ensure that a juvenile nonhomicide offender ... does not receive a sentence that provides for early release at a time beyond his or her natural life (e.g. a 1,000-year sentence that provides parole eligibility after the offender serves 100 years). To qualify as a “meaningful opportunity for early release,” a juvenile nonhomicide offender’s sentence must meet each of the[se] three parameters ....

Johnson, 215 So.3d at 1243.

Burger’s sentence contains no provision for obtaining early release based on a demonstration of maturity and rehabilitation before the expiration of the imposed term. Therefore, it violates the Eighth Amendment. Additionally, the trial court did not sentence Burger under the new sentencing scheme for nonhomicide juvenile offenders, as it believed that the statutes did not apply to Burger based on the date of his offense. We find this to be erroneous. See Kelsey v. State, 206 So.3d 5, 6, 8 (Fla. 2016) (finding that defendant whose nonhomicide crimes were committed prior to the effective date of chapter 2014-220, and whose sentence violated Graham, was entitled to resentencing under the provisions of chapter 2014-220); Horsley v. State, 160 So.3d 393, 405 (Fla. 2015) (deciding that chapter 2014-220, Laws of Florida, should be applied to “all juvenile offenders whose sentences are unconstitutional under Miller [v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) ],” even though the statutes contain a prospective effective date).

We therefore reverse and remand for resentencing under the provisions of chapter 2014-220, Laws of Florida.

Reversed and remanded for resentenc-ing.

Gross and Klingensmith, JJ., concur.


author: Damoorgian, J.

text:
    Raymond HILLARY, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-2991
    District Court of Appeal of Florida, Fourth District.
    [December 13, 2017]
    Antony P. Ryan, Regional Counsel, and Paul' O’Neil, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee. '
   Damoorgian, J.

Appellant, Raymond Hillary, appeals his sentence for one count of possession of cocaine and one count of driving without a license. Because the record conclusively establishes that the trial court considered a subsequent arrest without conviction when sentencing Appellant, we are required to' reverse pursuant to Norvil v. State, 191 So.3d 406, 407 (Fla. 2016).

After being arrested and charged with one count of possession of cocaine and one count of driving without a license in the underlying case, Appellant entered a plea of not guilty and was released, on bond, While out on bond, Appellant was arrested and charged with another offense in an unrelated case. Shortly thereafter, Appellant changed his plea in the underlying case to no contest.

At Appellant’s change of plea hearing, the State announced that it was not seeking a Habitual Felony Offender (“HFO”) sentence although Appellant was HFO eligible. Based on the Statens representation, the court did not confirm that Appellant was aware of the possibility and reasonable consequences of habitualization during its plea colloquy with Appellant. Following the colloquy, the court, accepted Appellant’s plea and proceeded to sentencing. Although Appellant only scored 37.4 months on his scoresheet, based in large part on the pending charge Appellant accrued while out on bond in the underlying case, the court sentenced Appellant to concurrent sentences of five years in prison on the possession charge and two years in prison followed by two years of probation on the driving without a license charge,

In Norvil, which was issued after Appellant was sentenced, the Florida Supreme Court held that a defendant’s subsequent arrest without conviction is an improper factor for the trial court’s consideration when sentencing the defendant for the primary offense. 191 So.3d at 410. In this case, by its own admission, the court considered Appellant’s subsequent arrest without conviction when sentencing Appellant for the primary offenses. Accordingly, based on Norvil, there is no question that Appellant’s sentence was based on the. court’s consideration of an improper factor. Id.

Although it is evident the court considered an improper factor when sentencing Appellant, the State argues that Appellant is precluded from seeking appellate relief because he failed to object to the court’s consideration of his subsequent arrest ait sentencing or secure a ruling on the issue via a Florida Rule of Criminal Procedure Rule 3.800(b) motion.-The State-is incorrect. “[A] trial court’s consideration of a constitutionally impermissible sentencing factor is a fundamental error in the sentencing process” which is reviewable for the first time on direct appeal. Fernandez v. State, 212 So.3d 494, 496 (Fla. 2d DCA 2017); see also Jackson v. State, 983 So.2d 562, 574 (Fla. 2008) (clarifying that an appellate court may not review a “sentencing error,” even if fundamental, for the first time on appeal but may review an error in the “sentencing process” for fundamental error on appeal). Norvil establishes that “consideration of subsequent charges with which the defendant has not been convicted violates due process” and, therefore, creates a fundamental error in the sentencing process. Fernandez, 212 So.3d at 496 (citing Norvil, 191 So.3d at 410) (reversing and remanding for. resen-tencing based on the trial court’s improper consideration of subsequent arrest without conviction during..sentencing despite the fact that the defendant did not raise the issue below). Accordingly,, because Appellant has identified a fundamental error in the sentencing process via the court’s consideration of a constitutionally impermissible sentencing factor, this Court may grant Appellant the requested relief regardless of the fact that Appellant failed to object below or secure a Rule 3.800(b) ruling.

Based on the foregoing, we.reverse and remand for resentencing before a different judge. Id, at 497. Additionally, we note that upon resentencing, Appellant may not be resentenced as an HFO since the court did not mention the possibility of an HFO sentence or its implications during Appellant’s plea • colloquy. Ashley v. State, 614 So.2d 486, 490 (Fla. 1993) (“[I]n order for a defendant to be habitualized following a guilty or nolo plea, the following must take place prior to acceptance of the plea: 1) The defendant must be given written notice of intent to habitualize, and 2) the court must confirm that the defendant is personally aware of the possibility and reasonable consequences of habituali-zation.” (footnote omitted)).

Reversed and remanded.

Warner and Taylor, JJ., concur.

      . In addition to appealing the legality of his sentence, Appellant also appeals the court’s denial of his motion to withdraw his underlying plea. However, in his Initial Brief, Appellant represented that he wished to abandon his arguments concerning the court’s ruling on his motion to withdraw plea in the event that we determine he is entitled to resentenc-ing, Because we hold that Appellant must be resentenced, we will not address his withdrawal of plea issue.


author: Kuntz, J.

text:
    Henry MENDEZ-MARTINEZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3541
    District Court of Appeal of Florida, Fourth District.
    [December 13, 2017]

      Carey Haughwout, Public Defender, and Jessica A. De Vera, Assistant Public Defender, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.
   Kuntz, J.

The Defendant appeals his conviction for attempted sexual battery on a victim twelve years of age or older and burglary of a dwelling with an assault or battery. He raises two issues on appeal, and we affirm as to the first without further comment. For his second issue, he argues the court erred when it allowed the investigating officer who interviewed him to translate his video-taped confession while she was a witness on the stand. We agree with the Defendant, reverse his conviction, and remand for a new trial.

Background

After an evening out, the victim’s father and the Defendant returned to the victim’s home to continue drinking. Eventually the victim’s father left the residence with another friend to buy beer. The Defendant remained on the front-porch, but he was not given permission' to enter the home. However, shortly after the victim’s father left, the victim heard the front door open and the Defendant was soon seated on his bed, attempting to engage in sexual acts with him. At some point, while attempting to stop the sexual advances, the victim whispered that his father had returned and the advances stopped. The father found the Defendant buttoning his pants as he exited the victim’s room and the victim in tears. The father followed the Defendant to the front porch and instructed the other friend to hold him while he checked on the victim. The friend, using physical force, required the Defendant to remain until the police arrived.

Sergeant Carde, from the Martin County Sheriffs Office, was the responding officer, and she conducted a recorded interview with the Defendant. The interview was conducted in Spanish and lasted approximately one-hour. The Defendant eventually admitted to certain facts forming the basis of the charges against him. Unfortunately, the interview was not translated into English prior to trial.

At trial, the State expressed its concern to the court about questioning Sergeant Carde about the video because it was not translated and was entirely in Spanish. The State told the judge that “if they object, then [Sergeant] Carde wouldn’t be able to do it.” The judge questioned counsel for the State and the Defendant as to why it would be objectionable to allow Sergeant Carde to translate the recording from Spanish as it was being played, and the State interjected “I can’t do it without a stipulation from the Defense. The case law is really bad on that” and “I can’t have [Sergeant] Carde translate from Spanish to English and English to Spanish.” The court disagreed with the State and the State responded by pointing out that “the translation hinges on impartiality. And because she’s the person that did the interview, she couldn’t be considered as being impartial by doing a translation.” Ultimately, the court disagreed and stated “so [Sergeant] Carde spoke to the Defendant in Spanish. Regardless if it was recorded or not — if the recording had disappeared, she’d still be able to come in and say I spoke with him in Spanish, I asked him these questions and this is what he said, period.”

The State played the video of the interview, the Sergeant translated the conversation from Spanish to English as it was played to the jury, and counsel for the Defendant objected to “this whole procedure” and to the translation itself on multiple occasions. The Defendant’s objections were overruled and, in response to an objection that stated “I’m going to object to the fact that — ,” his counsel was told to “take a chill pill.”

The jury found the Defendant guilty of both charges, and he appeals.

Analysis

, A court’s decision to admit testimony .translating evidence from Spanish, to English is reviewed for abuse of discretion. Fernandez v. State, 21 So.3d 155, 157 (Fla. 4th DCA 2009). That discretion, however, is limited by the rules of evidence, and is abused “if the interpreter is not qualified, sworn, and impartial.” Gopar-Santana v. State, 862 So.2d 54, 55 (Fla. 2d DCA 2003). Further, when the State seeks to admit into evidence a recording in Spanish, generally “a sworn interpreter must be provided to translate such conversations as may be necessary to preclude the potential of prejudice.” Hernandez v. State, 723 So.2d 857, 859 (Fla. 4th DCA 1998); see also Hutchens v. State, 469 So.2d 924, 925 (Fla. 3d DCA 1985) (finding the court erred in allowing the State to admit audio recordings into evidence “without having such recording translated into English for the jurors by an interpreter sworn to give a faithful and accurate translation”).

■In prior cases, courts have allowed a State’s witness to translate a recording. However, in such cases, courts either required a certified translation or employed certain procedural safeguards. For example, in Hutchens, the court required “an interpreter sworn- to give a faithful and accurate translation.” 469 So.2d at 925. We required similar protections in Hernandez. See 723 So.2d at 859.

Two additional cases are instructive. In Fernandez, though the State’s witness was employed by'the State and therefore could not be certified as an independent translator, she testified that she was not involved in the investigation of the case and was not influenced by the investigating officers. 21 So.3d at 156. Accordingly, we did not require a certified interpreter because her testimony as to her experience and the exact translation process combined were sufficient to satisfy the required procedural safeguards. Id.

In Lopez v. State, 153 So.3d 927 (Fla. 2d DCA 2014), “[o]utside the presence of the jury, the judge required the lead officer to testify that the documents represented accurate translations. The judge also considered extensive evidence as to the lead officer’s experience and competence in Spanish, as well as the team method by which the translations were created.” Id. at 932-33. There, our sister district found the.“trial judge essentially made a gatekeeper decision that the translations were of sufficient quality and that their accuracy should be a jury question under the new instruction.” Id. at 933. The court also concluded that “we continue to believe that allowing an officer who is so directly involved in an arrest or interrogation to provide a quick translation on such a videotape or to be a translator at trial is bad practice and unnecessary.” Id. .

Here,' the procedural safeguards approved in prior cases were not satisfied when the court allowed the Sergeant to translate the video of her interview with the Defendant while on the witness stand; The-translator did not provide a translation before testifying. Importantly, the translator was the person responsible for. the investigation. Defense counsel objected three times during the impromptu transía-; tion, asserting that the translation was in-’ consistent with his understanding of the Spanish language. Beyond that, the State itself stated that the Sergeant could not provide the testimony ultimately given, telling the court, “I can’t have [Sergeant] Carde translate from Spanish to English and English to .Spanish.” The court simply did not agree and allowed testimony both the State and the Defendant believed improper.

Conclusion

While testifying before the jury,, the court allowed the investigating officer to translate her own interview with the Defendant. This was done without hearing testimony outside of the jury’s presence, which could have permitted the court to assess whether the State presented sufficient evidence as to the accuracy of the translation. This testimony was also permitted after the State and the Defendant both' asserted it was improper. Because the State did not present sufficient testimony or evidence to allow the court to satisfy its gatekeeping role, the court abused its discretion in allowing the testimony. The Defendant’s convictions are reversed and'the matter is remanded for a new trial. ¡

Reversed and remanded.

Levine and Forst, JJ., concur.

      . Notably, the State began by asking for additional time to allow,a transcript to be-prepared. Therefore, the creation of a certified transcript was certainly possible.


author: Per Curiam.

text:
    Raul COSME, Appellant, v. STATE of Florida, Appellee.
    Nos. 4D17-464, 4D17-466 and 4D17-467
    District Court of Appeal of Florida, Fourth District.
    [December 13, 2017]

      George E. Reres of ReresLaw, EEC, Fort Lauderdale, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Matthew Steven Ocksrider, Assistant Attorney General; West Palm Beach, for appellee.
   Per Curiam.

We reverse the summary denial of Raul Cosme’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief and remand for an evidentiary hearing. Cosme’s claim that trial counsel failed to convey a plea offer is facially sufficient and is not refuted by the record.

In one of the three cases on appeal, Cosme was charged with .two counts.of attempted first degree murder with a firearm and one count of shooting into an occupied vehicle. Following a jury trial, he was convicted of two eounts of attempted second degree murder and one count of shooting into an occupied vehicle. In the other two cases, Cosme was alleged to have violated his probation, imposed after he pleaded guilty to two counts of robbery with a firearm and one count of robbery with a weapon. Following a final hearing, he was found in violation and his probation was revoked. ⅛

Cosme was initially sentenced to life in prison in all three cases. In two separate appeals, we reversed and remanded for resentencing. Cosme v. State, 111 So.3d 280, 282 (Fla. 4th DCA 2013); Cosme v. State, 89 So.3d 1096, 1097-98 (Fla. 4th DCA 2012). Cosme was resentenced to thirty years in all three cases.

In this timely rule 3.850 motion, Cosme claimed trial counsel failed to convey a global plea offer of fifteen years in prison. Counsel told Cosme about the offer only after the State revoked it and offered life in prison. Counsel said he did not tell Cosme about the fifteen-year offer because he wanted to negotiate an even lighter sentence. Cosme alleged that he would have accepted the. fifteen-year offer if counsel had timely conveyed it.

' The State concedes that, Cosme’s claim is facially sufficient under Alcorn v. State, 121 So.3d 419, 433 (Fla. 2013). But the State argues it is “inherently incredible” that the prosecution would have offered Cosme fifteen years for the serious crimes charged in these cases, especially considering that it later sought a life sentence. See Capalbo v. State, 73 So.3d 838, 840 (Fla. 4th DCA 2011) (“A postconviction court is not required to hold hearings on absurd claims or accept as true allegations that defy logic and which are inherently incredible.”).

We reject the State’s argument. The State in its response below conceded that the alleged offer must have been made very early in the case, within two months after the new charges were filed. According to. Cosme, at that time the State’s evidence was sparse and his co-defendants had not yet entered pleas and agreed to testify against him. It is not inherently incredible that the State would have offered fifteen years early in the case, perhaps in an effort to secure Cosme’s testimony against his allegedly more culpable co-defendants, and then later sought a life sentence when its case was stronger.

Because Cosme’s claim- is facially sufficient and is,- not refuted by the record, we reverse ; and remand for an evidentiary hearing.

Reversed and remanded.

Taylor, Conner and Klingensmith, JJ., - concur.