Legal Opinion
Kirby v. State
District Court of Appeal of Florida
Decided July 10, 2015No. 2D12-1080PublishedCited by 4 opinions
1Opinion of the Court
• ON REMAND FROM THE SÜPREME ‘ COURT OF FLORIDA
CASANUEVA, Judge.
This court cited Plott v. State, 86 So.3d 516 (Fla. 2d DCA 2012) (Plott I), when we per curiam affirmed in a citation-only opinion, the postconviction court’s denial of Trolis Kirby’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Kirby v. State, 100 So.3d 693 (Fla. 2d DCA 2012) (table decision). In Plott I, we held the defendant’s claim that his upward-departure sentence imposed on resentencing violated the dictates of Ap-prendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and…
2Cases cited5 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Shortridge v. StateDistrict Court of Appeal of Florida · 2004
- William J. Plott v. State of FloridaSupreme Court of Florida · 2014
- Plott v. StateDistrict Court of Appeal of Florida · 2012
3Cited by4 opinions
- ASCARY RODRIGUEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
- Curls v. StateDistrict Court of Appeal of Florida · 2017
- Heredia v. StateDistrict Court of Appeal of Florida · 2017
- Parker v. StateDistrict Court of Appeal of Florida · 2016