LESLEY NICOLAS v. THE STATE OF FLORIDA
This text of LESLEY NICOLAS v. THE STATE OF FLORIDA (LESLEY NICOLAS v. THE STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-0064 Lower Tribunal No. F16-11280B ________________
Lesley Nicolas, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Lesley Nicolas, in proper person.
Ashley Moody, Attorney General, for appellee.
Before LOGUE, SCALES and GORDO, JJ.
PER CURIAM.
On August 12, 2021, the trial court entered an order denying Lesley
Nicolas’s pro se post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Nicolas’s post-conviction motion asserted eight
separate grounds for relief from his August 2017 conviction, and resulting
life sentence, for possession of a firearm by a violent career criminal. On
September 29, 2021, the trial court denied Nicolas’s motion for rehearing.
On December 6, 2021, Nicolas filed a petition with this Court seeking
leave to file a belated appeal of the trial court’s August 12, 2021 order and
the September 29, 2021 order denying rehearing. On January 4, 2021, in
appellate case number 3D21-2356, we granted the petition for belated
appeal. The clerk of this Court subsequently assigned to Nicolas’s appeal
case number 3D22-64.
After careful consideration, we affirm without further discussion both
the trial court’s August 12, 2021 denying Nicolas’s post-conviction motion
and its September 29, 2021 order denying Nicolas’s rehearing motion.
While our affirmance is unelaborated, we note that the clerk of the
lower court transmitted to this Court, as part of the record on appeal in this
case, portions of the record related to Nicolas’s December 7, 2021
“Amended Motion to Correct Illegal Sentence,” filed pursuant to Florida Rule
of Criminal Procedure 3.800. Notwithstanding their inclusion in the record,
we did not consider those submissions in our adjudication of the instant
appeal. See Fla. R. App. P. 9.141(b)(2)(A); Levin v. State, 298 So. 3d 681,
2 682 (Fla. 1st DCA 2020) (confirming that, with respect to appeals from orders
denying rule 3.850 motions, the record on appeal is limited pursuant to rule
9.141(b)(2)(A) and cannot be supplemented beyond what the rule allows).
Our review in this case, therefore, was limited to the record as it related to
the trial court’s August 12, 2021 order and its September 29, 2021 order
denying rehearing, and we express no opinion as to Nicolas’s December 7,
2021 motion or the proceedings related to it.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
LESLEY NICOLAS v. THE STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lesley-nicolas-v-the-state-of-florida-fladistctapp-2022.