Legal Opinion

Hernandez v. State

District Court of Appeal of Florida

Decided November 4, 2009No. 3D08-2892Published

1Opinion of the CourtRothenberg, J.

ON MOTION TO TRANSFER APPEAL TO THE FIFTH DISTRICT COURT OF APPEAL

Michael Hernandez, who was indicted in Miami-Dade County for first degree murder and attempted, first degree murder, tried and convicted in Orange County, and sentenced in Miami-Dade County, appeals the judgment and sentence entered in Miami-Dade County. The issue before this Court is whether jurisdiction to hear Hernandez’s appeal rests with the Third District Court of Appeal or the Fifth District Court of Appeal. We conclude that jurisdiction lies with the Third District Court of Appeal because although the case was…

2Cases cited3 opinions

  1. Vasilinda v. LozanoSupreme Court of Florida · 1994
  2. Cole v. StateDistrict Court of Appeal of Florida · 1973
  3. Stanek-Cousins v. StateDistrict Court of Appeal of Florida · 2005

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