text:
    Randall Scott JONES, Appellant, v. STATE of Florida, Appellee.
    No. SC18-1098
    Supreme Court of Florida.
    December 13, 2018
    Maria E. DeLiberato, Capital Collateral Regional Counsel, and Maria Christine Perinetti, Lisa Marie Bort, and Adrienne Joy Shepherd, Assistant Capital Collateral Regional Counsel, Middle Region, Temple Terrace, Florida, for Appellant
    Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Lisa Martin, Assistant Attorney General, Tampa, Florida, for Appellee
   PER CURIAM.

We have for review Randall Scott Jones's appeal of the postconviction court's order denying Jones's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Jones's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). Jones responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), should not be dispositive in this case.

After reviewing Jones's response to the order to show cause, as well as the State's arguments in reply, we conclude that Jones is not entitled to relief. Jones was convicted of two counts of first-degree murder and sentenced to death on both counts following the jury's recommendation for death for both murders by a vote of 10-2. Jones's sentences of death became final in 1993. Jones v. Florida , 510 U.S. 836, 114 S.Ct. 112, 126 L.Ed.2d 78 (1993). Thus, Hurst does not apply retroactively to Jones's sentences of death. See Hitchcock , 226 So.3d at 217. Accordingly, we affirm the postconviction court's order denying relief.

The Court having carefully considered all arguments raised by Jones, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.

LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.

PARIENTE, J., concurs in result with an opinion.

CANADY, C.J., concurs in result.

PARIENTE, J., concurring in result.

I concur in result because I recognize that this Court's opinion in Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, as I have continuously explained, I would apply Hurst retroactively to cases like Jones's. See Hitchcock , 226 So.3d at 220-21 (Pariente, J., dissenting). Applying Hurst to Jones's case, I would grant a new penalty phase based on the jury's nonunanimous recommendation for death by a vote of 10-2. Per curiam op. at 804 & note 1.

      This Court's opinion on direct appeal after resentencing does not state the jury's votes for recommending death. Jones v. State , 612 So.2d 1370, 1372 (Fla. 1992), cert. denied , 510 U.S. 836, 114 S.Ct. 112, 126 L.Ed.2d 78 (1993) ; see Jones v. State , 569 So.2d 1234 (Fla. 1990) (remanding for resentencing). However, the postconviction court's order and Jones's Response to this Court's order to show cause in this case both state that the jury recommended death by a vote of 10-2 on both counts. Order Denying Def.'s Successive Mot. Vacate J. Conviction & Sentence Death Pursuant Fla. Rule Crim. Pro. 3.851, State v. Jones , No. 87-1695-CF (Fla. 7th Cir. Ct. May 15, 2017), at 2; Resp. at 3.

      Hurst v. State (Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017) ; see Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016).


source: Caselaw Access Project

author: Per Curiam.

license: Public Domain

text:
    Timothy S. THACKER, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1152
    District Court of Appeal of Florida, First District.
    October 26, 2018 Rehearing Denied December 26, 2018
    Timothy S. Thacker, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

B.L. Thomas, C.J., and Wetherell and Winsor, JJ., concur.


text:
    Harry L. HENDERSON, Appellant, v. State of Florida, DEPARTMENT OF CORRECTIONS, Appellee.
    No. 1D17-4158
    District Court of Appeal of Florida, First District.
    October 23, 2018 Rehearing Denied December 26, 2018
    Harry L. Henderson, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Lewis, Ray, and M.K. Thomas, JJ., concur.


text:
    Elijah MOORE, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2338
    District Court of Appeal of Florida, First District.
    October 19, 2018 Rehearing Denied December 26, 2018
    Andy Thomas, Public Defender, and David A. Henson, Assistant Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, Tabitha Herrera and Kaitlin Weiss, Assistant Attorneys General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Kelsey, and M.K. Thomas, JJ., concur.


text:
    Luis R. GARCIA, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee.
    No. 1D17-1580
    District Court of Appeal of Florida, First District.
    September 26, 2018 Rehearing Denied November 19, 2018
    Luis R. Garcia, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Brett Coleman, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED.

Wetherell, Bilbrey, and M.K. Thomas, JJ., concur.


text:
    Ivory MILES, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-3117
    District Court of Appeal of Florida, First District.
    November 15, 2018 Rehearing Denied December 26, 2018
    Ivory Miles, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Benjamin Hoffman, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Ray, Kelsey, and Jay, JJ., concur.


text:
    Joseph JOHNSON, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-2590
    District Court of Appeal of Florida, First District.
    November 15, 2018 Rehearing Denied December 28, 2018
    Joseph Johnson, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

DISMISSED .

Rowe, Osterhaus, and Bilbrey, JJ., concur.


text:
    Jack ARONS, Petitioner, v. STATE of Florida, Respondent.
    No. 1D18-0365
    District Court of Appeal of Florida, First District.
    November 6, 2018 Rehearing Denied January 3, 2019
    Jack Arons, pro se, Petitioner.
    Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.
   Per Curiam.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

Wolf, Winokur, and Jay, JJ., concur.


text:
    Kyle K. MERRITT, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-5152
    District Court of Appeal of Florida, First District.
    November 6, 2018 Rehearing Denied December 26, 2018
    Kyle K. Merritt, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED.

Rowe, Bilbrey, and Winsor, JJ., concur.


text:
    Robert DELONEY, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4353
    District Court of Appeal of Florida, First District.
    December 12, 2018
    Robert Deloney, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED.

Wolf, Winokur, and Jay, JJ., concur.


text:
    Weldon C. BROWN, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-2778
    District Court of Appeal of Florida, First District.
    December 12, 2018
    Weldon C. Brown, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Lewis, Wetherell, and Winokur, JJ., concur.


text:
    Alexis TOUCHTON-WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 1D16-3306
    District Court of Appeal of Florida, First District.
    November 21, 2018 Rehearing Denied December 28, 2018
    William Mallory Kent, Kent & McFarland, Jacksonville, for Appellant.
    Pamela Jo Bondi, Attorney General, and Virginia Harris, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Wetherell, Osterhaus, and Jay, JJ., concur.


text:
    Nathan ALBUQUERQUE, Appellant, v. ANIMA DOMUS/AMTRUST NORTH AMERICA, Appellees.
    No. 1D18-842
    District Court of Appeal of Florida, First District.
    November 19, 2018 Rehearing Denied December 26, 2018
    Richard A. Sicking and Mark A. Touby of Touby, Chait & Sicking, P.L., Coral Gables, for Appellant.
    Rayford H. Taylor, of Hall Booth Smith P.C., Atlanta, and Andrew R. Borah of Hurley, Rogner, Miller, Cox, Waranch & Westcott, Deerfield Beach, for Appellees.
   Per Curiam.

AFFIRMED .

Wolf, Makar, and M.K. Thomas, JJ., concur.


text:
    S.A., Mother of A.A. and Z.A., Minor Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 1D18-3744
    District Court of Appeal of Florida, First District.
    December 18, 2018
    Jennifer Barbookles, Tampa, for Appellant.
    Sara Elizabeth Goldfarb, Tallahassee, for the Florida Statewide Guardian ad Litem Office.
    Ward L. Metzger, Department of Children and Families, Jacksonville, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Ray, and Osterhaus, JJ., concur.


text:
    Roosevelt H. REED III, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1646
    District Court of Appeal of Florida, First District.
    December 12, 2018
    Roosevelt H. Reed III, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED.

Wolf, Makar, and M.K. Thomas, JJ., concur.


text:
    K.O., a Child, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1376
    District Court of Appeal of Florida, First District.
    December 12, 2018
    Andy Thomas, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Wolf, Winokur, and Jay, JJ., concur.


text:
    Theodore M. FREEMAN, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4800
    District Court of Appeal of Florida, First District.
    December 12, 2018
    Theodore M. Freeman, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Bilbrey, and Winsor, JJ., concur.


text:
    Kristina ROBINSON, Appellant, v. Victor ROBINSON, as Administrator Ad Litem for the Estate of Raychelle L. Holmes-Robinson, Appellee.
    No. 1D18-1565
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Michael Bowlus, Jacksonville, for Appellant.
    Jeffrey A. Cramer and Clayton T. Miller of Cramer Law Center, P.L., Jacksonville, for Appellee.
   Per Curiam.

AFFIRMED .

B.L. Thomas, C.J., and Wetherell and Winsor, JJ., concur.


text:
    Timothy THOMAS, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4356
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Timothy Thomas, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Bilbrey, and Winsor, JJ., concur.


text:
    Kelvin Duane CRENSHAW, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-1945
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Jason Cromey and Heather Wallace Adcock of Cromey Law, P.A., Pensacola, for Appellant.
    Pamela Jo Bondi, Attorney General, and Frank X. Moehrle, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Roberts, Wetherell, and Osterhaus, JJ., concur.


text:
    J.W., Father of J.W., a Minor Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 1D18-3077
    District Court of Appeal of Florida, First District.
    December 18, 2018
    Ronald Newlin, Tallahassee, for Appellant.
    Sarah J. Rumph, Children's Legal Services, Tallahassee, for Appellee Department of Children and Families.
    Marynelle Hardee, Gainesville, and Thomasina Moore, Tallahassee, for Guardian ad Litem Program.
   Per Curiam.

AFFIRMED .

Rowe, Ray, and Osterhaus, JJ., concur.


text:
    Kayvyon Latrell SAPP, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-1037
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Andy Thomas, Public Defender, and Robin B. Rogers, Assistant Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, for Appellee.
   Per Curiam.

AFFIRMED .

Wetherell, Bilbrey, and M.K. Thomas, JJ., concur.


text:
    Omar MERCER, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-337
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Omar Mercer, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Bilbrey, and Winsor, JJ., concur.


text:
    Jeffery Scott SEWARD, Sr., Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4818
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Jeffery Scott Seward, Sr., pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

B.L. Thomas, C.J., and Bilbrey and Jay, JJ., concur.


text:
    Rodney J. SAMUEL, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-3461
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Rodney J. Samuel, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Holly N. Simcox, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Rowe, Osterhaus, and Kelsey, JJ., concur.


text:
    Roger Earl BENDER Jr, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2775
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Steven Edward Woods, Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

B.L. Thomas, C.J., and Roberts and Osterhaus, JJ., concur.


text:
    Vernon ROBINSON, Appellant, v. STATE of Florida, Appellee.
    No. 1D18-537
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Vernon Robinson, pro se, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

Wolf, Makar, and M.K. Thomas, JJ., concur.


text:
    Joseph Kevin ROPER, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-4824
    District Court of Appeal of Florida, First District.
    December 19, 2018
    Andy Thomas, Public Defender, and Robin B. Rogers, Assistant Public Defender, Tallahassee, for Appellant; Joseph Kevin Roper, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED .

B.L. Thomas, C.J., and Roberts and Osterhaus, JJ., concur.


text:
    Reginald A. WALKER, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.
    No. 1D17-0718
    District Court of Appeal of Florida, First District.
    March 13, 2018 Rehearing Denied December 26, 2018
    Reginald A. Walker, pro se, Petitioner.
    Pamela Jo Bondi, Attorney General, Kenneth Steely, General Counsel, and Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.
   Per Curiam.

DENIED.

Roberts, Rowe, and Winokur, JJ., concur.


author: PER CURIAM.

text:
    Kultar S. GORAYA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1605
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Kultar S. Goraya, pro se.
   PER CURIAM.

Affirmed. See Betancourt v. State, 804 So. 2d 313 (Fla. 2001) ; Carpenter v. State, 884 So. 2d 385 (Fla. 2d DCA 2004) ; Burttram v. State, 846 So. 2d 1201 (Fla. 2d DCA 2003) ; Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Dudley L. DAVIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1687
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
   PER CURIAM.

Affirmed. See Davis v. State, 240 So. 3d 646 (Fla. 2d DCA 2017) (table decision); Davis v. State, 93 So. 3d 1023 (Fla. 2d DCA 2011) (table decision); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Rickenson DECEMBRE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4792
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    Howard L. Dimmig, II, Public Defender, And Megan Olson, Assistant Public Defender, Bartow, for Appellant.
   PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.


text:
    William WACKER, Appellant, v. STATE of Florida, Appellee.
    No. 1D17-2228
    District Court of Appeal of Florida, First District.
    March 15, 2018 Rehearing Denied December 28, 2018
    William Wacker, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Bryan Jordan, Senior Assistant Attorney General, Tallahassee, for Appellee.
   Per Curiam.

AFFIRMED.

B.L. Thomas, C.J., and Makar and Winokur, JJ., concur.


text:
    Richard PINON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1677
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Richard Pinon, pro se.
   PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) ; Melvin v. State, 645 So. 2d 448 (Fla. 1994) ; Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009) ; Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006) (en banc); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006) ; Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004) ; Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002) ; Haynes v. State, 106 So. 3d 481 (Fla. 5th DCA 2013) ; Paul v. State, 830 So. 2d 953 (Fla. 5th DCA 2002).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Jessie Lee OWENS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2033
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed. See Carbajal v. State, 75 So. 3d 258 (Fla. 2011) ; State v. King, 426 So. 2d 12 (Fla. 1982) ; State v. Roby, 246 So. 2d 566 (Fla. 1971) ; Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004) ; Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991) ; Budd v. State, 477 So. 2d 52 (Fla. 2d DCA 1985) ; Hillman v. State, 410 So. 2d 180 (Fla. 2d DCA 1982) ; McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002) ; Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001) ; Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998) ; Freeny v. State, 621 So. 2d 505 (Fla. 5th DCA 1993).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Michael Thomas WHITE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2112
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Michael Thomas White, pro se.
   PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) ; Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005) ; Greenlee v. State, 591 So. 2d 310 (Fla. 2d DCA 1991) ; Oxendine v. State, 852 So. 2d 286 (Fla. 5th DCA 2003).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Jercore Renard JONES, DOC #R10790, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1883
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.


text:
    Rodolfo LLAMAS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2130
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Frank W. McDermott and Arthur M. Miksis of McDermott Law Firm, P.A., St. Petersburg, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

MORRIS, BLACK, and SALARIO, JJ., Concur.


text:
    Juan Jose GOMEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3158
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Connie Mederos-Jacobs of Connie Mederos-Jacobs, P.A., Bradenton, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

NORTHCUTT, MORRIS, and BLACK, JJ., Concur.


text:
    David LAPANNE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1704
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed. See State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005) ; Sirmons v. State, 775 So. 2d 389 (Fla. 2d DCA 2000) ; State v. Gutierrez, 10 So. 3d 158 (Fla. 3d DCA 2009).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Salvatore P. CORDOVANO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2113
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Salvatore P. Cordovano, pro se.
   PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) ; McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013) ; Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009) ; Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009) ; Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007) ; Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006) ; Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004) ; Campbell v. State, 884 So. 2d 190 (Fla. 2d DCA 2004) ; Jackson v. State, 640 So. 2d 1173 (Fla. 2d DCA 1994) ; Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Ricky D. NELSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2503
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed. See Nelson v. State, 202 So. 3d 419 (Fla. 2d DCA 2016) (table decision); Nelson v. State, 189 So. 3d 771 (Fla. 2d DCA 2016) (table decision); Nelson v. State, 156 So. 3d 1093 (Fla. 2d DCA 2014) (table decision); Nelson v. State, 50 So. 3d 608 (Fla. 2d DCA 2010) (table decision); Nelson v. State, 17 So. 3d 296 (Fla. 2d DCA 2009) (table decision); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Matthew Gerald BRANSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3659
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Howard L. Dimmig, II, Public Defender, and Richard J. D'Amico, Special Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Linsey Sims-Bohnenstiehl, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.


text:
    Landrick Donyell EDWARDS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4386
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Howard L. Dimmig, II, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.


text:
    Dushun Devon ROBINSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2541
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed. See Strickland v. State, 437 So. 2d 150 (Fla. 1983) ; State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994) ; State v. Gray, 633 So. 2d 105 (Fla. 2d DCA 1994) ; Minor v. State, 707 So. 2d 1184 (Fla. 3d DCA 1998).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Angles R. OWENS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1721
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed. See Carbajal v. State, 75 So. 3d 258 (Fla. 2011) ; State v. King, 426 So. 2d 12 (Fla. 1982) ; State v. Roby, 246 So. 2d 566 (Fla. 1971) ; Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004) ; Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991) ; Budd v. State, 477 So. 2d 52 (Fla. 2d DCA 1985) ; Hillman v. State, 410 So. 2d 180 (Fla. 2d DCA 1982) ; McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002) ; Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001) ; Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998) ; Freeny v. State, 621 So. 2d 505 (Fla. 5th DCA 1993).

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Rashad M. HALES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-457
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018.
    Rashad M. Hales, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

NORTHCUTT, MORRIS, and BLACK, JJ., Concur.


text:
    Roger Dale REYNOLDS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-520
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.


text:
    David BILLS, DOC #H45242, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-546
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    David Bills, pro se.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and SILBERMAN and LUCAS, JJ., Concur.


text:
    Mario ROSALES TREJO, DOC #Y27679, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D15-3006
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Steven G. Mason, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Linsey Sims-Bohnenstiehl, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    Charles Larry PEOPLES, Doc #063431, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4574
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Charles Larry Peoples, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Michael GLIDDEN, DOC #C03866, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-733
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
   PER CURIAM.

Affirmed.

CASANUEVA, SLEET, and BADALAMENTI, JJ., Concur.


text:
    Steven Elliot MURRAY, DOC #R51831, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-74
    District Court of Appeal of Florida, Second District.
    Opinion filed November 30, 2018
    Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
   PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.


text:
    Miguel NAVA, DOC #H40801, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2018
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

KELLY, LUCAS, and SALARIO, JJ., Concur.


text:
    Andres AVALOS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2546
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    Howard L. Dimmig, II, Public Defender, and James R. Wulchak, Special Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Richard ROMINE, DOC #R89431, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-3729
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Dan Hallenberg, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Katie Salemi-Ashby, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.


text:
    Leroni JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-139
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal Ahmed Faruqui, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Rachael LEAHY, DOC #S41425, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2598
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Brett McIntosh and Kevin M. Griffith, Sarasota, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Katie Salemi-Ashby, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    Curtis D. FRANKLIN, Sr., DOC # 621150, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3969
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.


text:
    Lashay A. SMITH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3990
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    Onrique D. BRINSON, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4175
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, BLACK, and SALARIO, JJ., Concur.


text:
    Sherlyn GONZALEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4226
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Gary R. Gossett, Jr., Special Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    James Marcus BIDDLE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4610
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    Howard L. Dimmig, II, Public Defender, and Rachel Roebuck, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Terrance BURROWS, DOC #C00373, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1177
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    Lawrence L. COLEMAN Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1233
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Lawrence L. Coleman Jr., pro se.
   PER CURIAM.

Affirmed.

CASANUEVA, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Ismael Abdirashid ALI, Petitioner, v. STATE of Florida, Respondent.
    Case No. 2D18-2297
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Julianne M. Holt, Public Defender, Tampa, for Petitioner.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal A. Faruqui, Assistant Attorney General, Tampa, for Respondent.
   PER CURIAM.

Denied.

KELLY, LUCAS, and SALARIO, JJ., Concur.


text:
    Huslander Verily PETIT-HOMME, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-35
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Linsey Sims-Bohnenstiehl, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Donnie HALLOCK, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2031
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018.
    Howard L. Dimmig, II, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

KELLY, LUCAS, and SALARIO, JJ., Concur.


text:
    Donald Lawrence LASTRINA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-583
    District Court of Appeal of Florida, Second District.
    Opinion filed December 5, 2018
    Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.


text:
    James BAIRD, DOC #T56153, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4825
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018.
    Bryant R. Camareno of Bryant R. Camareno, P.A., Tampa, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Chelsea S. Alper, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Anthony Lorenzo REDDICK, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2999
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Howard L. Dimmig, II, Public Defender and Matthew J. Salvia, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, MORRIS, and LUCAS, JJ., Concur.


text:
    Angelia WALKER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4791
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.
    Angelia Walker, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Sarah DOUTHIRT, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-116
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Lee M. Pearlman of The Law Offices of Denmon Pearlman, St. Petersburg, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and BLACK and SALARIO, JJ., Concur.


text:
    Raymond SIERRA, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3033
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Howard L. Dimmig, II, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Senior Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.


text:
    Stafford Leonard MATTHEWS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3304
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Howard L. Dimmig, II, Public Defender, and Rachel Roebuck, Assistant Public Defender, Bartow, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Jason M. Miller, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and BLACK, JJ., Concur.


text:
    Gary SEYMOUR, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-628
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018.
   PER CURIAM.

Affirmed.

CASANUEVA, VILLANTI, and SALARIO, JJ., Concur.


text:
    Kent PONTOON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-801
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018.
    Kent Pontoon, pro se.
   PER CURIAM.

Affirmed.

NORTHCUTT, MORRIS, and BLACK, JJ., Concur.


text:
    Robert Frank MYERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-828
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
   PER CURIAM.

Affirmed.

VILLANTI, KHOUZAM, and BADALAMENTI, JJ., Concur.


text:
    Tracy Allan PETHTEL, DOC #R45877, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-833
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
    Tracy Allan Pethtel, pro se.
   PER CURIAM.

Affirmed.

KHOUZAM, LUCAS and BADALAMENTI, JJ., Concur.


text:
    Lee A. SHIELDS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-888
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
   PER CURIAM.

Affirmed.

CASANUEVA, KHOUZAM, and ATKINSON, JJ., Concur.


text:
    Kevin D. HANNER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-936
    District Court of Appeal of Florida, Second District.
    Opinion filed December 7, 2018
   PER CURIAM.

Affirmed.

NORTHCUTT, SILBERMAN, and VILLANTI, JJ., Concur.


text:
    Shawn HAMLETT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2893
    District Court of Appeal of Florida, Second District.
    January 10, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Michael Thomas CHRISTNER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2195
    District Court of Appeal of Florida, Second District.
    January 10, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Jennifer Lynn WALLACE, Petitioner, v. State of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.
    Case No. 2D18-2070
    District Court of Appeal of Florida, Second District.
    Opinion filed December 19, 2018.
    Jason Helfant of Law Office of Jason Helfant, P.A., Wellington, for Petitioner.
    Christie S. Utt, General Counsel, and Mark L. Mason, Assistant General Counsel, Tallahassee, for Respondent.
   PER CURIAM.

Denied.

CASANUEVA, MORRIS, and LUCAS, JJ., Concur.


text:
    Sunil MALKANI and Aces of Naples, LLC., Petitioners, v. Douglas HANNAH, Respondent.
    Case No. 2D18-3074
    District Court of Appeal of Florida, Second District.
    Opinion filed December 14, 2018
    Fitzgerald A. Frater and Nathalie Nozile of Frater Law Firm, P.A., Naples, for Petitioners.
    Rachel A. Kerlek of Woods, Weidenmiller, Michetti & Rudnick, LLP, Naples, for Respondent.
   PER CURIAM.

Denied.

LaROSE, C.J., and VILLANTI and SLEET, JJ., Concur.


text:
    Bruce D. BERLINGER, as Individual Trustee, Appellant/Petitioner(s), v. Roberta Sue CASSELBERRY, f/k/a Sue C. Berlinger, Appellee/Respondent(s).
    CASE NO.: 2D18-3287
    District Court of Appeal of Florida, Second District.
    December 31, 2018
    BY ORDER OF THE COURT:
   Respondent, Roberta Sue Casselberry's motion for attorney's fees is remanded to the trial court for determination as to Respondent's entitlement and the amount of attorney's fees.

Insofar as Respondent's motion for attorney's fees also requests an award of costs, the request for costs is denied without prejudice to file an appropriate request in the trial court in accordance with Florida Rule of Appellate Procedure 9.400(a).


text:
    Todd SWANEY, Appellant/Petitioner(s), v. PINEBROOKPINE, LLC, Appellee/Respondent(s).
    CASE NO.: 2D18-4588
    District Court of Appeal of Florida, Second District.
    December 20, 2018
    BY ORDER OF THE COURT:
   This appeal is dismissed as from a nonappealable nonfinal order. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006).

SILBERMAN, VILLANTI, and LUCAS, JJ., Concur.


text:
    Bryan Orlando APONTE, Appellant/Petitioner(s), v. DEPARTMENT OF REVENUE, Appellee/Respondent(s).
    CASE NO.: 2D18-4628
    District Court of Appeal of Florida, Second District.
    December 18, 2018
    BY ORDER OF THE COURT:
   The appellee's motion to dismiss is granted. Case 2D18-4628 is dismissed. The challenged order will be reviewed in case 2D18-4516.

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Daniel D. DRAGASH, Appellant/Petitioner(s), v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, Appellee/Respondent(s).
    CASE NO.: 2D18-4618
    District Court of Appeal of Florida, Second District.
    December 17, 2018
    BY ORDER OF THE COURT:
   Petitioner's petition for writ of prohibition is denied.

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Norma BLEVINS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3036
    District Court of Appeal of Florida, Second District.
    January 09, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Victor NABER, Appellant/Petitioner(s), v. Fortunata NABER, Individually and OBO Lily Grace Naber and John Victor Naber, Appellee/Respondent(s).
    CASE NO.: 2D18-4996
    District Court of Appeal of Florida, Second District.
    January 08, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Milton DEVINE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2049
    District Court of Appeal of Florida, Second District.
    January 08, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Juan Francisco VEGA, Appellant/Petitioner(s), v. Robert W. GERMAINE, Clerk, Appellee/Respondent(s).
    CASE NO.: 2D18-3904
    District Court of Appeal of Florida, Second District.
    December 20, 2018
    BY ORDER OF THE COURT:
   Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.").

CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.


text:
    Darryl SCHNEIDER, Appellant/Petitioner(s), v. Sybil MURPHY, Appellee/Respondent(s).
    CASE NO.: 2D18-1538
    District Court of Appeal of Florida, Second District.
    December 20, 2018
    BY ORDER OF THE COURT:
   Petitioner's petition for writ of certiorari is denied.

LaROSE, C.J., and SLEET and LUCAS, JJ., Concur.


text:
    Todd E. COPELAND, as Guardian Ad Litem for Elijah Thread, et al., Appellant/Petitioner(s), v. LAKELAND REGIONAL MEDICAL CENTER, INC., et al., Appellee/Respondent(s).
    CASE NO.: 2D18-4240
    District Court of Appeal of Florida, Second District.
    December 17, 2018
    BY ORDER OF THE COURT:
   Petitioner's petition for a writ prohibiting Judge Andrea Teves Smith from presiding further in circuit court case number 2014-CA-04475 is granted as the petitioner's motion to disqualify the judge filed in the circuit court is deemed legally sufficient. Accordingly, the chief judge shall immediately appoint a successor judge pursuant to Florida Rule of Judicial Administration 2.215(b)(4).

The stay imposed by this court's October 29, 2018, order is lifted

CASANUEVA, KELLY, and SLEET, JJ., Concur.


text:
    Eric Gilbert REICH, Appellant/Petitioner(s), v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee/Respondent(s).
    CASE NO.: 2D17-5034
    District Court of Appeal of Florida, Second District.
    December 12, 2018
    BY ORDER OF THE COURT:
   The appellee's motion to dismiss is granted, and the above-styled appeal is hereby dismissed.

VILLANTI, KHOUZAM, and LUCAS, JJ., Concur.


text:
    Bradley Alan DUGAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3933
    District Court of Appeal of Florida, Second District.
    November 29, 2018
    BY ORDER OF THE COURT:
   The petition for belated appeal is granted in circuit court case number 14-CF-5068. This order shall serve as a timely notice of appeal from the judgment and sentence, the latter imposed June 28, 2018. The attorney who filed the petition for belated appeal will be recognized as counsel of record for the appellant when the new proceeding is initiated in this court.

The circuit court clerk shall treat this order as a notice of appeal, promptly certify same and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the circuit court, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time.

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Therese SCHULTZ, Guardian of the Property of James C. D' Orsi, et al., Appellant/Petitioner(s), v. Karen C. D' ORSI, Individually and as Guardian of James C. D' Orsi, Appellee/Respondent(s).
    CASE NO.: 2D18-4594
    District Court of Appeal of Florida, Second District.
    January 08, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Jontavious K. GAINOUS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-1270
    District Court of Appeal of Florida, Second District.
    January 04, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    STAR POINT CAPITAL, LLC, Appellant/Petitioner(s), v. Albert RIVAS, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-4201
    District Court of Appeal of Florida, Second District.
    January 4, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Rhonda Renee COX, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2532
    District Court of Appeal of Florida, Second District.
    November 29, 2018
    BY ORDER OF THE COURT:
   The petition for belated appeal is granted in circuit court case number 15-11350-CF. This order shall serve as a timely notice of appeal from the judgment and sentence, the latter imposed May 4, 2018. Within twenty days the trial court shall consider appellant's eligibility for appointment of appellate counsel, provided appellant files within ten days a motion in the circuit court requesting same accompanied by a financial affidavit, and shall enter an order thereupon, with a copy to appellant and a copy to this court.

The circuit court clerk shall treat this order as a notice of appeal, promptly certify same and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the circuit court, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time.

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.


text:
    Park Wayne PILIKIAN, Appellant/Petitioner(s), v. Jason WEBER, et al., Appellee/Respondent(s).
    CASE NO.: 2D18-1373
    District Court of Appeal of Florida, Second District.
    January 4, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    STANLEY ACCESS TECHNOLOGIES, LLC, et al., Appellant/Petitioner(s), v. Roberta KOMPOLTOWICZ, Personal Representative of the Estate of Lucille L. Eaton, Appellee/Respondent(s).
    CASE NO.: 2D18-4556
    District Court of Appeal of Florida, Second District.
    January 4, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Jontavious K. GAINOUS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-1277
    District Court of Appeal of Florida, Second District.
    January 04, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Jontavious K. GAINOUS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-1234
    District Court of Appeal of Florida, Second District.
    January 4, 2019
    BY ORDER OF THE COURT:
   Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.


text:
    Romerio Latee WALKER, Appellant/Petitioner(s), v. Grady C. JUDD, Jr., Sheriff, Appellee/Respondent(s).
    CASE NO.: 2D18-4090
    District Court of Appeal of Florida, Second District.
    January 02, 2019
    BY ORDER OF THE COURT:
   The petitioner's notice of voluntary dismissal is accepted. The petition for writ of habeas corpus is dismissed.


text:
    Richard H. ELBERT, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3382
    District Court of Appeal of Florida, Second District.
    December 07, 2018
    BY ORDER OF THE COURT:
   Petitioner's petition alleging ineffective assistance of appellate counsel is denied.

NORTHCUTT, KELLY, and BLACK, JJ., Concur.


text:
    David COOPER, Appellant/Petitioner(s), v. Grady C. JUDD, Jr., Sheriff, Appellee/Respondent(s).
    CASE NO.: 2D18-4485
    District Court of Appeal of Florida, Second District.
    December 06, 2018
    BY ORDER OF THE COURT:
   The petitioner's petition for writ of habeas corpus is granted. The State failed to establish that the proof of the petitioner's guilt is evident or the presumption of the petitioner's guilt is great. See State v. Perry, 605 So. 2d 94, 96 (Fla. 3d DCA 1992) ("the degree of proof sufficient to deny an accused the right to bail in a capital [or life offense] case under our Constitution, to wit, proof that guilt is evident or the presumption of guilt is great is actually a greater degree of proof than that which is required to establish guilt merely to the exclusion of a reasonable doubt") (quoting State ex rel. Van Eeqhen v. Williams, 87 So. 2d 45, 46 (Fla. 1956) ). The petitioner did not demonstrate entitlement to immediate release. However, within three days of the date of this order, the trial court shall determine the appropriate conditions of pretrial release under Florida Rule of Criminal Procedure 3.131 or, upon proper motion by the State, conduct the appropriate hearing in to determine whether the petitioner may be detained pursuant to rule 3.132.

SILBERMAN, KELLY, and BADALAMENTI, JJ., Concur.


text:
    Roshane Sheman HARRIS, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4346
    District Court of Appeal of Florida, Second District.
    November 28, 2018
    BY ORDER OF THE COURT:
   Because the circuit court erred in relying on the officer's testimony to establish that petitioner's actions were willful and in direct criminal contempt, the petition for writ of habeas corpus is granted. We quash the circuit court's October 26, 2018, judgment of direct criminal contempt. Our disposition is without prejudice to institute contempt proceedings under Florida Rule of Criminal Procedure 3.840.

KELLY, SLEET, and LUCAS, JJ., Concur.


text:
    Florence AVANT, Appellant/Petitioner(s), v. Grady C. JUDD, Jr., Sheriff, Appellee/Respondent(s).
    CASE NO.: 2D18-4474
    District Court of Appeal of Florida, Second District.
    November 27, 2018
    BY ORDER OF THE COURT:
   The petition for writ of habeas corpus is granted in cases 17CF-001780-EX and 18CF-100090-EX. See § 941.03., .07, Fla. Stat. (2018) (describing rendition warrants); § 941.13 (describing two procedures under which a "credible person" may bring forth appropriate allegations to effect the arrest and detention of an alleged out-of-state fugitive from justice); France v. Judd, 932 So. 2d 1263, 1268 (Fla. 2d DCA 2006) ("[T]he deputy was a recipient of information and not the source of credible information. Thus, none of the affidavits constituted a charge on the oath of a credible person that [the petitioner] had committed a crime in another state and had fled from justice .... Nor did any of the arrest affidavits have attached to it or make reference to an affidavit of a credible person in another state that a crime had been committed in that state and that [petitioner] had been charged with committing it."). The petitioner shall be brought before the court immediately and released with respect to the aforementioned cases. But see Whetstone v. Freeman, 524 So. 2d 1159, 1159 (Fla. 3d DCA 1988) ; Murphy v. Boehm, 443 So. 2d 363, 365-66 (Fla. 5th DCA 1983).

VILLANTI, BLACK, and SLEET, JJ., Concur.


text:
    Lennard Patrick JERVIS, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2037
    District Court of Appeal of Florida, Fourth District.
    [September 27, 2018]
    Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Allan R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.
   Per Curiam.

Affirmed.

Ciklin, Conner, JJ., and Mirman, Lawrence, Associate Judge, concur.


text:
    A.R.P., a Child, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3271 4D16-3272
    District Court of Appeal of Florida, Fourth District.
    [November 22, 2017]
    Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.
    No appearance for appellee.
   Per Curiam.

Affirmed.

Levine, Klingensmith and Kuntz, JJ., concur.


text:
    J.T., the father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    No. 4D17-2472
    District Court of Appeal of Florida, Fourth District.
    [November 7, 2017]
    Andrew A. Hollness of Law Offices of Andrew A. Holness, P.A., West Palm Beach, for appellant.
    Meredith K. Hall, Appellate Counsel, Children's Legal Services, Bradenton, for appellee.
   Per Curiam.

Affirmed .

Gross, May and Klingensmith, JJ., concur.


text:
    Joseph SHERMAN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3056
    District Court of Appeal of Florida, Fourth District.
    [October 25, 2018]
    Carey Haughwout, Public Defender, and Narine N. Austin, Assistant Public Defender, West Palm Beach, for appellant.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Taylor, Damoorgian and Klingensmith, JJ., concur.


text:
    Abel PEREZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2238
    District Court of Appeal of Florida, Fourth District.
    October 18, 2018
    Abel Perez, South Bay, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Warner, May and Levine, JJ., concur.


text:
    Vernon CAREY, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1738
    District Court of Appeal of Florida, Fourth District.
    October 11, 2018
    Vernon Carey, Okeechobee, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Levine and Conner, JJ., concur.


text:
    T.P., the Mother, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3234
    District Court of Appeal of Florida, Fourth District.
    [February 1, 2018]
    Carey Haughwout, Public Defender, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Assistant Public Defender, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Carolyn Schwarz, Assistant Attorney General, Children's Legal Services, Fort Lauderdale, for appellee.
    Laura J. Lee, Appellate Counsel, Sanford, for Guardian Ad Litem Program.
   Per Curiam.

Affirmed.

Ciklin, Levine and Klingensmith, JJ., concur.


text:
    Derrick CULVER, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2505
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    Derrick Culver, Orlando, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Gross, and Forst, JJ., concur.


text:
    Ryan MCKENZIE, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2681
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    Ryan McKenzie, Florida City, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Damoorgian, Ciklin and Forst, JJ., concur.


text:
    Emanuel POTTS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2710
    District Court of Appeal of Florida, Fourth District.
    [November 1, 2018]
    Emanuel Potts, Miami, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Taylor and Ciklin, JJ., concur.


text:
    Vincent JONES, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3938
    District Court of Appeal of Florida, Fourth District.
    [October 25, 2018]
    Vincent Jones, Moore Haven, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
   Per Curiam.

Affirmed.

Gross, Conner and Kuntz, JJ., concur.


text:
    Simei Moreira DA SILVA, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2606
    District Court of Appeal of Florida, Fourth District.
    [November 15, 2018]
    Simei Moreira Da Silva, Doral, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Gross and Ciklin, JJ., concur.


text:
    Josue D. LOPEZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2625
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    Josue D. Lopez, Crawfordville, pro se.
    No appearance for appellee.
   Per Curiam.

Affirmed.

Warner, Levine and Kuntz, JJ., concur.


text:
    Jesse Lewis MCINERNEY, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3906
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Senior Assistant Attorney General, West Palm Beach, for appellee.
   Per Curiam.

Affirmed.

May, Levine and Klingensmith, JJ., concur.


text:
    Celestor GREGORY, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1843
    District Court of Appeal of Florida, Fourth District.
    [November 8, 2018]
    Celestor Gregory, Mayo, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed .

Gross, May and Conner, JJ., concur.


text:
    Everal WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2416
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    Everal Williams, Doral, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Warner, May and Forst, JJ., concur.


text:
    Carlton D. COMFORT, Jr., Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2571
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    Carlton D. Comfort, Jr., Century, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Warner, May and Forst, JJ., concur.


text:
    Ronald E. TERRY, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2626
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    Ronald E. Terry, Milton, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Taylor, Damoorgian and Klingensmith, JJ., concur.


text:
    Angela M. VILARDI-SIEBERT, Appellant, v. John R. SIEBERT, Jr., Siebert Yacht Management, Inc., and J.R.S., Leasing Inc., Appellees.
    No. 4D17-2903
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    Jonathan Mann and Robin Bresky of the Law Offices of Robin Bresky, Boca Raton, for appellant.
    Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, for appellees.
   Per Curiam.

Affirmed.

Warner, Damoorgian and Kuntz, JJ., concur.


text:
    Deatrick DANIEL, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1636
    District Court of Appeal of Florida, Fourth District.
    [November 29, 2018]
    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.
   Per Curiam.

Affirmed.

Gross, May, JJ., and Caracuzzo, Cheryl, Associate Judge, concur.


text:
    Joseph FINCH, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1496
    District Court of Appeal of Florida, Fourth District.
    [November 29, 2018]
    Joseph Finch, Milton, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Ciklin and Forst, JJ., concur.


text:
    Santiago MENDOZA, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2341
    District Court of Appeal of Florida, Fourth District.
    [November 29, 2018]
    Santiago Mendoza, Indiantown, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Damoorgian and Klingensmith, JJ., concur.


text:
    Ramon ZEPEDA, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2877
    District Court of Appeal of Florida, Fourth District.
    [November 21, 2018]
    Ramon Zepeda, Perry, pro se.
    No appearance for appellee.
   Per Curiam.

Affirmed.

Warner, May and Conner, JJ., concur.


text:
    Wayne A. BISSO, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2733
    District Court of Appeal of Florida, Fourth District.
    [November 29, 2018]
    Wayne A. Bisso, South Bay, pro se.
    No appearance required for appellee.
   Per Curiam.

Affirmed.

Gerber, C.J., Damoorgian and Ciklin, JJ., concur.


text:
    David BURROWS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3602
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 13, 2018 Rehearing Denied December 27, 2018
    James S. Purdy, Public Defender, and Nicole Joanne Martingano, Assistant Public Defender, Daytona Beach, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., HARRIS and GROSSHANS, JJ., concur.


text:
    David D. WEST, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1670
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 6, 2018 Rehearing Denied December 17, 2018
    David D. West, Blountstown, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

TORPY, BERGER and HARRIS, JJ., concur.


text:
    David GRIFFITH, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2376
    District Court of Appeal of Florida, Fifth District.
    Decision filed October 30, 2018 Rehearing Denied December 28, 2018
    David Griffith, Live Oak, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

ORFINGER, TORPY and WALLIS, JJ., concur.


text:
    Luther WOODS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3143
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Luther Woods, Perry, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, EDWARDS and EISNAUGLE, JJ., concur.


text:
    A.M., Mother of J.S., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D18-2943
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 12, 2018 Rehearing Denied December 28, 2018
    Amy Morales, Candler, pro se.
    Kelley Schaeffer, of Department of Children and Families, Children's Legal Services, Bradenton, for Appellee.
    Thomasina Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, of Guardian ad Litem Program, Tallahassee, for Guardian ad Litem Program.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., and WALLIS and GROSSHANS, JJ., concur.


text:
    Larry Donell GATES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2819
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 4, 2018 Rehearing Denied December 28, 2018
    Larry Donell Gates, Crawfordville, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

TORPY, HARRIS and GROSSHANS, JJ., concur.


text:
    Darrelle M. JOHNSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2856
    District Court of Appeal of Florida, Fifth District.
    Decision filed November 20, 2018 Rehearing Denied December 28, 2018
    Darrelle M. Johnson, Bowling Green, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, WALLIS and HARRIS, JJ., concur.


text:
    Kimberly REESE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2914
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Kimberly Reese, Ocala, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, BERGER and EDWARDS, JJ., concur.


text:
    William J. THOMPSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2364
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    William J. Thompson, Lowell, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., BERGER and WALLIS, JJ., concur.


text:
    Nasir LEWIS-HICKS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2188
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

WALLIS, EDWARDS and EISNAUGLE, JJ., concur.


text:
    Frederick C. ROGERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3468
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Frederick C. Rogers, Blountstown, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

ORFINGER, WALLIS and LAMBERT, JJ., concur.


text:
    Abideen OLADIPUPO, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3278
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Abideen Oladipupo, Toronto, Canada, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., TORPY and HARRIS, JJ., concur.


text:
    Cedrick BARRINER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3268
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Cedrick Barriner, Sneads, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., BERGER and LAMBERT, JJ., concur.


text:
    Benjamin ROBINSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3224
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Benjamin Robinson, Palatka, pro se.
    No Appearance for Appellee.
   PER CURIAM.

AFFIRMED.

TORPY, WALLIS and HARRIS, JJ., concur.


text:
    Larry THOMPSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3014
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Larry Thompson, Florida City, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

TORPY, EVANDER and EDWARDS, JJ., concur.


text:
    Escalante CHILES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2340
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Escalante Chiles, Indiantown, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, BERGER and EISNAUGLE, JJ., concur.


text:
    Dontee Travon CANADY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1196
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Jack R. Maro, of Law Office of Jack R. Maro, P.A., Ocala, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, EDWARDS and HARRIS, JJ., concur.


text:
    Rashawn Jamell JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2534
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Rashawn Jamell Jones, Milton, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

EDWARDS, EISNAUGLE and GROSSHANS, JJ., concur.


text:
    Rashawn Jamell JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2533
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    Rashawn Jamell Jones, Milton, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

EDWARDS, EISNAUGLE and GROSSHANS, JJ., concur.


text:
    C.W., Mother of J.P., and J.W., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D18-2244
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Samuel T. Lea, of Law Office of Samuel T. Lea, Orlando, for Appellant.
    Ward L. Metzger, of Department of Children and Families, Jacksonville, and Kelley Schaeffer, of Department of Children and Families, Bradenton, for Appellee.
   PER CURIAM.

AFFIRMED.

WALLIS, LAMBERT and HARRIS, JJ., concur.


text:
    GREEN EMERALD HOMES, LLC, Appellant, v. WELLS FARGO BANK, N.A., Country Address Community Association, Inc., Eric Rodriguez and Doris Duran, Appellees.
    Case No. 5D18-802
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Robin I. Frank, of Shapiro, Blasi, Wasserman & Hermann, P.A., Boca Raton, for Appellant.
    Mary J. Walter, of Liebler, Gonzalez & Portuondo, Miami, for Appellee, Wells Fargo Bank, N.A.
    No appearance for other Appellees.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., TORPY and EDWARDS, JJ., concur.


text:
    Earl KOFFLER and Carolyn Roy, Appellants, v. WINTER PARK IMPORTS, INC. D/B/A Lexus of Orlando, Appellee.
    Case No. 5D18-471
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Carlos J. Burruezo and Bertha L. Burruezo, of Burruezo & Burruezo, PLLC, Orlando, for Appellants.
    Ladd H. Fassett and Shay B. Cohen, of Fassett, Anthony & Taylor, P.A, Orlando, for Appellee.
   PER CURIAM.

AFFIRMED.

TORPY, HARRIS and GROSSHANS, JJ., concur.


text:
    Erica Sheneka HESTER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-862
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 18, 2018
    James S. Purdy, Public Defender, Edward J. Weiss, and Brittany N. O'Neil, Assistant Public Defenders, Daytona Beach, for Appellant.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., TORPY and EDWARDS, JJ., concur.


text:
    James IRWIN, Appellant, v. Duke R. HAWKINS, Appellee.
    Case No. 5D18-360
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Maureen Monaghan Matheson, of Matheson Appellate Law, P.A., Satellite Beach, E.C. Scott Wright, of The Wright Law Group, Melbourne, and Robert M. Moletteire, Melbourne, for Appellant.
    Elizabeth C. Wheeler, of Elizabeth C. Wheeler, P.A., Orlando, for Appellee.
   PER CURIAM.

AFFIRMED.

EVANDER, LAMBERT and EISNAUGLE, JJ., concur.


text:
    Kelly WHITED, Vicki Whited and Darrin Lavine, Appellants, v. U.S. BANK NA, Successor Trustee to Bank of America, NA, Successor in Interest to Lasalle Bank, NA, as Trustee on Behalf of the Holders of the Wamu Mortgage, etc., Appellee.
    Case No. 5D17-3866
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Kelly A. Whited, Orlando, Darrin C. Lavine, Longwood, and Vicki Whited, Oviedo, pro se.
    Benjamin B. Brown, and Joseph T. Kohn, of Quarles & Brady, LLP, Naples, for Appellee.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., ORFINGER and EDWARDS, JJ., concur.


text:
    Kathleen CORTEZ, Appellant, v. JIEPU LI, Appellee.
    Case No. 5D17-3186
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Kathleen Cortez, Ocoee, pro se.
    Jeffrey M. Wilkins, of Lippes Mathias Wexler Friedman LLP, Ponte Vedra Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

ORFINGER, EVANDER and EISNAUGLE, JJ., concur.


text:
    POORNIMA & AVINASH CHARITABLE FOUNDATION, INC., Appellant, v. RIVER CLUB ASSOCIATION, INC., Appellee.
    Case No. 5D17-2410
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Diego Handel, Daytona Beach, for Appellant.
    Therese A. Savona and Kathryn L. Ender, of Cole, Scott & Kissane, P.A., Miami, for Appellee.
   PER CURIAM.

AFFIRMED.

HARRIS, and GROSSHANS, JJ., and BLECHMAN, M.S., Associate Judge, concur.


text:
    Jeffrey E. BRINK and Shannon I. Brink, Appellants, v. Kelli J. BYNUM, as Personal Representative of the Estate of Jared Charles Bynum, for and on Behalf of the Said Estate and Survivors Thereof and PARC Group, Inc., Appellees.
    Case No. 5D17-2067
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 26, 2018
    Jeffrey D. Devonchik and Dennis R. Schutt, of Schutt, Schmidt, & Noey, Jacksonville, for Appellants.
    Benjamin E. Richard, William A. Bald and Seth A. Pajcic, of Pajcic & Pajcic, P.A., Jacksonville, for Appellee, Kelli J. Bynum, as Personal Representative of the Estate of Jared Charles Bynum, Deceased.
    No Appearance for Other Appellees.
   PER CURIAM.

AFFIRMED.

COHEN, C.J., HARRIS and GROSSHANS, JJ., concur.


text:
    R.B., Father of W.B., a Child, Appellant, v. GUARDIAN AD LITEM PROGRAM, et al., Appellees.
    Case No. 5D18-3017
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 14, 2018
    Shari J. Wilson, Rockledge, for Appellant
    Thomasina Moore and Sara E. Goldfarb, of Guardian ad Litem Program, Tallahassee, for Appellee, Guardian ad Litem Program.
    Kelley Schaeffer, of Children's Legal Services, Bradenton, for Appellee, Department of Children and Families.
   PER CURIAM.

AFFIRMED.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.


text:
    J.S.-B., Mother of W.B., a Child, Appellant, v. GUARDIAN AD LITEM PROGRAM, et al., Appellees.
    Case No. 5D18-3018
    District Court of Appeal of Florida, Fifth District.
    Decision filed December 14, 2018
    David Maldonado, of The Maldonado Law Firm, P.A., Lakeland, for Appellant.
    Thomasina Moore and Sara E. Goldfarb, of Guardian ad Litem Program, Tallahassee, for Appellee, Guardian ad Litem Program.
    Kelley Schaeffer, of Children's Legal Services, Bradenton, for Appellee, Department of Children and Families.
   PER CURIAM.

AFFIRMED.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.


author: Conner, J.

text:
    Julio A. RODRIGUEZ, Petitioner, v. STATE of Florida, Respondent.
    No. 4D18-494
    District Court of Appeal of Florida, Fourth District.
    [September 26, 2018]
    Howard Finkelstein, Public Defender, and Donald J. Cannarozzi and David Andrew Fry, Jr., Assistant Public Defenders, Fort Lauderdale, for petitioner.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for respondent.
    ON MOTION FOR REHEARING
   Conner, J.

We grant the petitioner's motion for rehearing, withdraw our March 16, 2018 order denying his petition, and issue the following opinion in its place.

Julio A. Rodriguez ("Petitioner") petitions for a writ of prohibition seeking immediate review of the trial court's order denying his motion for discharge based on an alleged violation of the speedy trial rule. The issue we decide is whether the trial court properly determined that Petitioner was unavailable for trial because he did not obtain properly fitting civilian clothes and objected to appearing for jury trial in jail clothing. We conclude that the State was not responsible for providing civilian clothing. The trial court offered to reset the trial within the speedy trial period, and Petitioner failed to make himself available by insisting that the State had to clothe him. Petitioner is not entitled to a speedy trial discharge and we deny the petition.

Background

The State filed an information charging Petitioner with battery on a law enforcement officer and aggravated assault on a law enforcement officer. After allegedly committing a new offense while on pretrial release, he was taken into custody and held without bond on this case. Petitioner eventually filed a demand for speedy trial in this case. On the same day, he filed a motion to suppress, a motion to dismiss based on self-defense immunity, and a motion in limine.

The trial court held the required five-day hearing under Florida Rule of Criminal Procedure 3.191(b)(1) and set the trial for Monday, December 4, 2017.

On the morning of trial, Petitioner appeared in court in jail clothes. Defense counsel explained that he had dropped off trial clothes for Petitioner at the jail on the previous Friday, after "[finding] the largest pair of pants" he could. However, the pants did not fit Petitioner. Counsel did not think there was any larger pants back at his office, but someone suggested an "excellent idea, to go to the Salvation Army."

The trial court announced that another defendant, who had filed a speedy trial demand earlier, would go first and then Petitioner's case would be day-to-day. A short time later, after the other speedy trial case was postponed, the trial court recalled Petitioner's case and asked if Petitioner wanted to go to trial in jail clothes. Counsel said no, but wanted to proceed with the self-defense immunity hearing, which could be conducted with Petitioner in jail clothes. When the trial court explained that it was ready to pick a jury right now, counsel asserted he did not want Petitioner to go to trial in jail clothes.

The trial court found that, pursuant to rule 3.191, Petitioner was not available for trial as he was not properly dressed. Counsel explained that it was not Petitioner's fault that the clothes counsel had dropped off did not fit. The trial court struck the speedy trial demand and placed Petitioner's case on "day-to-day." The trial court stated, "If you can get him some clothes we will proceed."

Counsel objected and asked the court not to strike the demand and to give him additional time to get clothes. Counsel also quoted language from Eberhardt v. State , 550 So.2d 102, 104 (Fla. 1st DCA 1989), contending that it was the State's duty to provide the defendant trial clothes.

The State objected, explaining that defense counsel had tried to get Petitioner clothing and failed. The State was ready for trial, and the defense was not prepared. The State distinguished Eberhardt , which dealt with the jury seeing the defendant in jail clothes.

The trial court disagreed that it was the State's obligation to provide clothing for Petitioner. The trial court explained that, if Petitioner had been dressed for trial, trial would have started that day. The trial court entered a written order striking the demand for speedy trial, explaining "defendant is not dressed for trial [and] therefore not available for trial per 3.191(k)."

Petitioner subsequently filed a motion to strike the written order, and again renewed the request that the State provide clothing. He alleged that he was indigent, in custody, and had no money for clothes or family members that could provide him clothes. The trial court denied the motion, relying on Topley v. State , 424 So.2d 81 (Fla. 4th DCA 1982) (" Topley II "), and Tarpley v. Dugger , 841 F.2d 359 (11th Cir. 1988). The trial court also concluded that Eberhardt was not controlling and the State is not required to provide a defendant with civilian clothing for trial.

On January 8, 2017, Petitioner filed a notice of expiration of speedy trial. Subsequently, the trial court entered an order striking the notice of expiration as a nullity because the speedy trial demand had been stricken. Petitioner then filed an emergency motion for discharge, which was denied, prompting Petitioner to file his petition for writ of prohibition with this Court.

Appellate Analysis

"A writ of prohibition is an appropriate remedy 'where an accused has been denied his right to a speedy trial and his motion for discharge has been denied.' " Dempsey v. State , 82 So.3d 928, 929 (Fla. 4th DCA 2011) (quoting Sherrod v. Franza , 427 So.2d 161, 163 (Fla. 1983) ).

Florida Rule of Criminal Procedure 3.191(b) provides for a speedy trial upon demand. The court is required to hold a calendar call hearing within five days of the demand. Fla. R. Crim. P. 3.191(b)(1). At the calendar call, the court must set the case for trial "no less than 5 days nor more than 45 days from the date of the calendar call." Fla. R. Crim. P. 3.191(b)(2). "If the defendant has not been brought to trial within 50 days of the filing of the demand, the defendant shall have the right to the appropriate remedy as set forth in subdivision (p)." Fla. R. Crim. P. 3.191(b)(4).

Here, the trial court held the calendar call and set the trial within the prescribed time. The December 4, 2017 trial date was well within the time provided in the rule. The 50-day period from the November 18, 2017 demand would not have expired until on or about January 7, 2018. Although the case was on day-to-day status after December 4, counsel did not attempt to get Petitioner clothes for trial and reset the trial before January 7. By those actions, counsel caused Petitioner to remain unavailable for trial throughout the speedy trial period. Instead, even though the speedy trial demand had been stricken, counsel waited until January 8 to file a notice of expiration and then moved for discharge.

Rule 3.191(g) provides that a defendant is bound by a demand for speedy trial, which is construed as a pleading that the defendant is ready and prepared for trial within 5 days. Fla. R. Crim. P. 3.191(g). The rule provides: "A demand filed by an accused who has not diligently investigated the case or who is not timely prepared for trial shall be stricken as invalid on motion of the prosecuting attorney."Id. Petitioner points out there is no provision in rule 3.191 that allows the trial court to sua sponte strike a demand for speedy trial.

The trial court did not err in denying the motion for discharge. Even if the trial court erred in striking the demand, no remedy for a speedy trial violation can be granted until the court has conducted the inquiry required by rule 3.191(j). Fla. R. Crim. P. 3.191(p)(1). Rule 3.191(j) in turn provides:

(j) Delay and Continuances; Effect on Motion. If trial of the accused does not commence within the periods of time established by this rule, a pending motion for discharge shall be granted by the court unless it is shown that:
(1) a time extension has been ordered under subdivision (i) and that extension has not expired;
(2) the failure to hold trial is attributable to the accused, a codefendant in the same trial, or their counsel ;
(3) the accused was unavailable for trial under subdivision (k) ; or
(4) the demand referred to in subdivision (g) is invalid.
If the court finds that discharge is not appropriate for reasons under subdivisions (j)(2), (3), or (4), the pending motion for discharge shall be denied, provided, however, that trial shall be scheduled and commence within 90 days of a written or recorded order of denial.

Fla. R. Crim. P. 3.191(j) (emphases added).

The rule defines when a defendant is unavailable for trial:

(k) Availability for Trial. A person is unavailable for trial if the person or the person's counsel fails to attend a proceeding at which either's presence is required by these rules, or the person or counsel is not ready for trial on the date trial is scheduled. A person who has not been available for trial during the term provided for in this rule is not entitled to be discharged . No presumption of nonavailability attaches, but if the state objects to discharge and presents any evidence tending to show nonavailability, the accused must establish, by competent proof, availability during the term.

Fla. R. Crim. P. 3.191(k) (emphasis added).

Here, Petitioner was unavailable on the scheduled trial date because he was not dressed for trial and did not want to proceed in jail clothes. Therefore, he is not entitled to discharge. See id. In addition, under rule 3.191(j)(2), the failure to hold the trial on the scheduled date was attributable to the defense because counsel brought Petitioner clothes that did not fit.

Importantly, after the initial trial date passed and the case was placed on "day-to-day" status, counsel did not get Petitioner properly fitting civilian clothes or ask the court to reset the trial. Instead, counsel maintained that pursuant to the language in Eberhardt , the State had the burden of getting a defendant clothes for trial.

The trial court correctly concluded that Eberhardt does not control. In Eberhardt , the defendant was brought before the jury panel before voir dire in jail clothing. 550 So.2d at 103. His family was supposed to have provided civilian clothing for him but had failed to do so. Id. at 104. Shortly thereafter, the family arrived with the clothes and the defendant changed. Id. Counsel asked for a continuance so that another jury panel could be brought in that did not see the defendant in jail clothing. Id. at 103. The request was denied. Id. On appeal, the defendant argued

that it was reversible error for the state and the court to compel him to appear before the venire in jail clothes rather than to provide him with appropriate clothing, even though his family failed to timely arrive, and that the court proceedings should have been delayed temporarily to provide him with appropriate clothing.

Id. at 104. The First District concluded that the trial court erred by not allowing for a brief continuance and forcing the defendant to appear before the jury panel in jail clothes. Id. However, the court found the error was not preserved because the defendant did not make a record showing that he was identified by a juror as being a prisoner due to wearing the prison uniform. Id.

The First District explained:

The law now recognizes that once the defendant has requested to appear in court in other than prison clothes, the state must make appropriate provisions to this end. We conclude that even though Eberhardt had asked his family to bring the necessary clothing, the state was not necessarily relieved of its obligation by the family's undertaking should the clothing not arrive on a timely basis.

Id. Notably, there is no citation of authority for the proposition that "the state must make appropriate provisions to this end." The error in that case, however, was in failing to allow for a brief continuance until appropriate clothes were available. Therefore, Eberhardt does not hold that the State is responsible for providing a defendant civilian clothing for trial.

Arguably, the trial court should have considered granting a defense continuance to allow it to secure appropriate trial clothes. The rule provides: "Good cause for continuances or delay on behalf of the accused thereafter shall not include nonreadiness for trial, except as to matters that may arise after the demand for trial is filed and that reasonably could not have been anticipated by the accused or counsel for the accused." Fla. R. Crim. P. 3.191(g). Here, Petitioner's nonreadiness was the result of allegedly ill-fitting civilian clothing. The trial court could have given Petitioner a continuance because this issue could not have been anticipated when the demand was filed.

Regardless of whether the trial court properly struck the demand, the trial court effectively allowed counsel to get a trial within the speedy trial period by placing the case on "day-to-day" status. The trial court repeatedly told counsel that the trial would proceed if counsel got Petitioner clothes that fit.

Defense counsel did not get civilian clothes or seek to have the trial commence within the period, and instead, continued to insist that the State had the burden of clothing Petitioner and argued that the trial court must immediately hear his pretrial motions. Counsel allowed the time periods to expire and then moved for discharge.

We addressed the issue of whether the State is required to provide civilian clothing for an incarcerated defendant in Topley v. State , 416 So.2d 1158 (Fla. 4th DCA 1982) (" Topley I ") and Topley II . Upon arrest, Topley's clothing was seized as evidence. Topley I , 416 So.2d at 1159. Because the clothing he wore at the time of arrest was unavailable to him, Topley moved pretrial for funds to purchase clothes to wear at trial. Id. The motion was denied, but the trial court gave Topley time to seek civilian clothing from friends, a social agency, or any other source. Id. Topley proceeded to trial in jail clothing. Id. "Compelling the defendant's appearance so dressed may impinge upon his presumption of innocence and thus constitute a violation of his constitutional right to due process." Id. at 1160. Because we were unable to determine from the record whether Topley was actually compelled to go to trial in jail clothing, we remanded the case for an evidentiary hearing to determine whether Topley could have obtained suitable clothing for trial from family, friends, social agencies, or his own money. Id.

On remand, the trial court determined that on two occasions Topley requested funds to purchase clothing and both requests were denied. Topley II , 424 So.2d at 82. The trial court further determined that upon denying the requests for funds, it suggested to Topley that he try to obtain clothes from some of the local social service agencies. Id. The evidence showed there were three social service agencies and a church that would furnish clothes upon request. Id. The record was "absolutely silent" that Topley attempted to obtain clothing from any social service agency. Id. For that reason, we affirmed the trial court's determination that Topley was not compelled to go to trial in jail clothing. Id.

Similarly, here, Petitioner was not compelled to go to trial in jail clothing. We disagree with Petitioner's argument that it was the State's obligation to provide him with civilian clothing. As we have held, it is initially the incarcerated defendant's responsibility to obtain civilian clothing from his or her own funds or from family members, friends, social service agencies, or charitable organizations.

Petitioner's argument that the trial court was required to hold an evidentiary hearing and that the State has the burden of showing unavailability for trial lacks merit. The cases cited in the petition are distinguishable. In Holston v. State , 958 So.2d 1057 (Fla. 4th DCA 2007), the issue of the defendant's unavailability was not clear from the record and an evidentiary hearing was required. Id. at 1057-58 (requiring an evidentiary hearing where defendant alleged he was being held in another county and that State knew of his whereabouts). In Dixon v. State , 901 So.2d 384 (Fla. 3d DCA 2005), the delay in trial was attributable to the State. Id. at 387. In Hutchinson v. State , 133 So.3d 552 (Fla. 2d DCA 2014), the defendant's late appearance in court was determined not to amount to unavailability and the trial court in that case had refused to reset the trial within the recapture period. Id. at 553-55.

Here, the State was not required to present evidence of unavailability as it is clear from the record. Petitioner appeared in court without appropriate civilian clothes and did not want to go to trial in jail clothes. Defense counsel did not get Petitioner clothes that fit, did not request a good cause continuance, and did not seek to reset the trial after it was placed on day-to-day status. The trial court did not refuse to reset the trial, and the delay was attributable to the defense because counsel erroneously contended that the State was responsible for clothing Petitioner.

Petitioner is not entitled to discharge. He has a right to a speedy trial, not a speedy discharge without trial. See State v. Nelson , 26 So.3d 570, 576 (Fla. 2010).

Petition denied.

Warner and May, JJ., concur

      Topley was also known as "Donnie Tarpley." Under the Tarpley name, he petitioned for a writ of habeas corpus in federal court, raising the same argument that the State was required to provide him with civilian clothing for trial. In Tarpley , the Eleventh Circuit-also relying on Estelle -upheld the district court's denial of the petition and agreed there was no constitutional error because the defendant was not compelled to go to trial in jail clothing. Tarpley , 841 F.2d at 361.

      The other arguments raised by counsel in the proceedings below concerning the trial court's alleged obligation to hear before trial the evidentiary motions that counsel filed along with the speedy trial demand are not ripe for review.