Legal Opinion · Concurrence

Gibbs v. State

District Court of Appeal of Florida

Decided November 13, 2009No. 2D08-502Published

1ConcurrenceLaROSE, Judge

I concur in affirming the denial of Mr. Gibbs’ motion for postconviction relief. I write to emphasize what I consider to be appropriate procedures to minimize the risks of multiple appeals in postconviction cases. More specifically, I encourage postconviction courts to employ the procedures outlined in Spera v. State, 971 So.2d 754 (Fla.2007), Koszegi v. State, 993 So.2d 133 (Fla. 2d DCA 2008), and Lawrence v. State, 987 So.2d 157 (Fla. 2d DCA 2008), to ensure that, on appeal, we will have for review but one final order that disposes of all issues raised in a postconviction relief motion.

The…

2Cases cited4 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Lawrence v. StateDistrict Court of Appeal of Florida · 2008
  3. Koszegi v. StateDistrict Court of Appeal of Florida · 2008
  4. Gibbs v. StateDistrict Court of Appeal of Florida · 2005

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