Legal Opinion

Demo v. State

District Court of Appeal of Florida

Decided October 8, 2002No. 5D02-2772Published

1Opinion

ON MOTION FOR REHEARING

SHARP, W., J.

We deny Demo’s motion for rehearing. This court per curiam affirmed the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion. Demo argues on rehearing that our affir-mance is inconsistent with our prior opinions in which we have required the trial court to attach portions of the record supporting the basis for the summary denial of relief. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999).

In this case, the trial court concluded that the legal sufficiency of the reasons for the sentencing judge’s departure…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Hall v. StateSupreme Court of Florida · 2002
  3. Moore v. StateDistrict Court of Appeal of Florida · 1999
  4. Williams v. StateDistrict Court of Appeal of Florida · 1999
  5. Pula v. StateDistrict Court of Appeal of Florida · 1995

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