Lively v. State

District Court of Appeal of Florida

Lively v. State

180 So. 3d 244, 2015 Fla. App. LEXIS 19207, 2015 WL 9319140

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 2015

DocketNo. 3D15-915

StatusPublished

This text of 180 So. 3d 244 (Lively v. State) 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.

Bluebook

Lively v. State, 180 So. 3d 244, 2015 Fla. App. LEXIS 19207, 2015 WL 9319140 (Fla. Ct. App. 2015).

Pincite

Opinion

WELLS, Judge.

Patrick Lively appeals from an order denying his pro se motion, made within two years after his conviction and sentence were affirmed by this court, to dismiss the information against him. While not included in a Florida Rule of Criminal Procedure 3.850 motion, we treat the motion to dismiss as such because there is no other mechanism by which the court below, and thus this court, could address it. Treating it as such, we affirm the order on appeal denying Lively’s motion.

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WELLS, Judge.

Patrick Lively appeals from an order denying his pro se motion, made within two years after his conviction and sentence were affirmed by this court, to dismiss the information against him. While not included in a Florida Rule of Criminal Procedure 3.850 motion, we treat the motion to dismiss as such because there is no other mechanism by which the court below, and thus this court, could address it. Treating it as such, we affirm the order on appeal denying Lively’s motion.

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Bluebook (online)

180 So. 3d 244, 2015 Fla. App. LEXIS 19207, 2015 WL 9319140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lively-v-state-fladistctapp-2015.