Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided September 21, 2015No. 1D14-5282PublishedCited by 3 opinions

1Opinion of the CourtWetherell, J.

This is an appeal of a criminal judgment and sentence. We affirm because we do not have jurisdiction to consider the only issue raised by Appellant on appeal.

A month after Appellant filed his notice of appeal, he filed a motion to mitigate his sentence under Florida Rule of Criminal Procedure 3.800(c). He then filed — and we granted — an unopposed motion to relinquish jurisdiction to allow the trial court to consider the motion. Ten days later, Appellant filed a motion to disqualify the trial judge based on statements the judge made during the sentencing hearing. The judge denied the motion…

2Cases cited4 opinions

  1. Jackson v. StateSupreme Court of Florida · 1992
  2. Sutton v. StateSupreme Court of Florida · 2008
  3. Forney v. CrewsDistrict Court of Appeal of Florida · 2013
  4. R.W. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2015

3Cited by3 opinions

  1. Santos v. HSBC Bank USADistrict Court of Appeal of Florida · 2018
  2. REGINALD WILKINSON v. STATE ATTORNEY'S OFFICEDistrict Court of Appeal of Florida · 2022
  3. TaheshaNoel Knight v. Matthew Glen KeppFlorida Fifth District Court of Appeal · 2026

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