Legal Opinion

Spaulding v. State

District Court of Appeal of Florida

Decided July 20, 2012No. 2D11-5781PublishedCited by 13 opinions

1Opinion of the Court

ALTENBERND, Judge.

Brian Spaulding files a petition for writ of certiorari seeking review of the trial court’s order denying his motion for reduction or modification of sentence under Florida Rule of Criminal Procedure 3.800(c). We conclude that Mr. Spaulding is not entitled to relief under the limited review available by certiorari for such discretionary rulings.

In September 2009, Mr. Spaulding pleaded guilty to lewd and lascivious molestation and sexual battery for conduct involving an adopted child. Allegedly as a result of mitigating circumstances, the trial court placed Mr. Spaulding on…

2Cases cited15 opinions

  1. Banks v. StateSupreme Court of Florida · 1999
  2. Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800Supreme Court of Florida · 1996
  3. Moya v. StateDistrict Court of Appeal of Florida · 1996
  4. Smith v. StateDistrict Court of Appeal of Florida · 1985
  5. United States v. Rick R. LaceyCourt of Appeals for the Fifth Circuit · 1981

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3Cited by13 opinions

  1. Clark v. StateDistrict Court of Appeal of Florida · 2012
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2014
  3. Andrew James Jones v. State of FloridaDistrict Court of Appeal of Florida · 2025
  4. Davis v. StateDistrict Court of Appeal of Florida · 2012
  5. Griffin v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2024

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