Matthew A. Tobin v. Ricky D. Dixon
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Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
MATTHEW A. TOBIN,
Petitioner,
v. Case No. 3:26cv3646-AW-HTC
RICKY D. DIXON,
Respondent.
___________________________/
ORDER and REPORT AND RECOMMENDATION
Petitioner Matthew A. Tobin, proceeding pro se, filed a petition under 28 U.S.C. § 2254, challenging his conviction in the First Judicial Circuit for Okaloosa County Case Number 2015 CF 2644. Doc. 1 at 1. Upon review of the petition and after taking judicial notice of the relevant state court documents, the undersigned sua sponte recommends the petition be DISMISSED without an evidentiary hearing as UNTIMELY. It was filed almost six (6) years after the statute of limitations expired. I. STANDARD FOR DISMISSAL UNDER RULE 4 Under Habeas Rule 4, “[t]he clerk must promptly forward the petition to a judge under the court’s assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.” Rule 4 requires district courts to dismiss § 2254 petitions without ordering a response “[i]f it plainly appears from the petition
that the petitioner is not entitled to relief.” Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649, 651 (11th Cir.), cert. denied sub nom. Paez v. Inch, 141 S. Ct. 309 (2020). This preliminary review calls on a district court to screen the petition prior to
service and dismiss the petition, sua sponte, upon a determination that it contains no meritorious claim for relief. See Rules Governing § 2254 Cases, R. 4 advisory committee notes (“it is the duty of the court to screen out frivolous applications”). The procedure serves to “eliminate the burden that would be placed on the
respondent by ordering an unnecessary answer.” Id. A dismissal under Rule 4 may be appropriate both on the merits and upon a finding that the petition is procedurally barred. Paez, 947 F.3d at 649. Specifically,
a district court may sua sponte dismiss a § 2254 petition if it is clear the petition is untimely. Kilgore v. Att’y Gen. of Colo., 519 F.3d 1084, 1089 (10th Cir. 2008); Jackson v. Sec’y for Dep’t of Corr., 292 F.3d 1347, 1349 (11th Cir. 2002) (per curiam) (“even though the statute of limitations is an affirmative defense, the district
court may review sua sponte the timeliness of the section 2254 petition”). II. THE PETITION IS UNTIMELY
Pursuant to the requirements set forth in 28 U.S.C. § 2244, as amended by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), a § 2254 petition must be filed within one year of “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244(d)(1)(A).1 However, the one-year period is tolled for “[t]he time
during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending.” 28 U.S.C. § 2244(d)(2). As discussed below, Tobin’s federal petition is untimely because the
one-year statute of limitations period began to run in 2016 and, even with tolling, expired in January 2018. In 2015, Tobin was charged with violating a domestic violence injunction and armed trespass on property other than a structure or conveyance. See State of Florida
v. Tobin, 2015 CF 002644.2 In 2016, while on probation in the 2015 case, Tobin was charged with burglary of an unoccupied dwelling and criminal mischief. See State of Florida v. Tobin, 2016 CF 000355. Tobin pled no contest to all the charges.
On May 23, 2016,3 the Court entered an Amended Judgment and Sentence in both cases, sentencing Tobin to 5 years on the armed trespass charge, time served
1 Although there are other “trigger” dates under the AEDPA, none of those apply here. See 28 U.S.C. § 2244(d)(1)(B)-(D). 2 The dockets for the criminal cases referenced herein are available online and are also attached hereto as Exhibit A. However, because the filed documents are available only to registered users, the Court has also attached those filings referenced herein as exhibits to this report. See Paez, 947 F.3d at 652 (finding “the District Court acted properly when it took notice of the state court dockets as well as when it sua sponte dismissed the petition without ordering a response from the Secretary”). 3 Although the Court signed the Amended Judgment on April 14, 2016, and it was “done in open court” on March 31, 2016, it was not filed until May 23, 2016. Thus, for purposes of the timeliness analysis, the Court will use the more favorable-to-Petitioner May 23, 2016 date. for the violation of domestic violence injunction charge, 10 years on the burglary charge, and time served for the criminal mischief charge.4 The sentences for the armed trespass and burglary charges were to run consecutive for a total sentence of
15 years, concurrent with the other sentences. See Amended Judgment, Exhibit B. Tobin did not file a direct appeal. Thus, Tobin’s conviction became final thirty (30) days later or on June 22, 2016, when the time for Tobin to file a direct
appeal expired. See Gust v. State, 535 So. 2d 642 (Fla. 1st DCA 1988) (if a defendant does not appeal the conviction or sentence, judgment becomes final when the 30-day period for filing a direct appeal expires). In July 2016, Tobin filed a pro se motion to withdraw his plea; the motion
was dismissed on August 25, 2016. Tobin did not appeal the circuit court’s decision. In September 2016, Tobin filed a pro se 3.850 motion alleging ineffective assistance of counsel. On November 11, 2016, the circuit court dismissed the motion, with
leave for Tobin to file an amended motion within 60 days. See Order, Exhibit C. Tobin did not file an amended 3.850 motion by the due date. Instead, in October 2017, Tobin filed a motion for resentencing, which the circuit court dismissed for lack of jurisdiction on October 12, 2017.5 Tobin did not appeal the court’s dismissal.
4 Tobin filed a federal habeas case challenging 2016 CF 000355. This Court denied the petition as untimely. See Tobin v. Dixon, 3:24-cv-00467-AW-HTC (N.D. Fla. Jan. 22, 2025). 5 See Exhibit D attached hereto. Because the court entered one judgment in both cases, the motion for re-sentencing was docketed by the clerk in both cases, as was true with Tobin’s other post- conviction motions. See Exhibit E, attached hereto, noting the motion for re-sentencing was Tobin did not file another postconviction motion until July 2019, more than a year after the circuit court dismissed his motion for resentencing. Thus, Tobin had no application for postconviction relief pending from October 12, 2017, which
would have tolled the AEDPA 1-year statute of limitations before it expired. In the petition, Tobin does not dispute that the petition is untimely.
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
MATTHEW A. TOBIN,
Petitioner,
v. Case No. 3:26cv3646-AW-HTC
RICKY D. DIXON,
Respondent.
___________________________/
ORDER and REPORT AND RECOMMENDATION
Petitioner Matthew A. Tobin, proceeding pro se, filed a petition under 28 U.S.C. § 2254, challenging his conviction in the First Judicial Circuit for Okaloosa County Case Number 2015 CF 2644. Doc. 1 at 1. Upon review of the petition and after taking judicial notice of the relevant state court documents, the undersigned sua sponte recommends the petition be DISMISSED without an evidentiary hearing as UNTIMELY. It was filed almost six (6) years after the statute of limitations expired. I. STANDARD FOR DISMISSAL UNDER RULE 4 Under Habeas Rule 4, “[t]he clerk must promptly forward the petition to a judge under the court’s assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.” Rule 4 requires district courts to dismiss § 2254 petitions without ordering a response “[i]f it plainly appears from the petition
that the petitioner is not entitled to relief.” Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649, 651 (11th Cir.), cert. denied sub nom. Paez v. Inch, 141 S. Ct. 309 (2020). This preliminary review calls on a district court to screen the petition prior to
service and dismiss the petition, sua sponte, upon a determination that it contains no meritorious claim for relief. See Rules Governing § 2254 Cases, R. 4 advisory committee notes (“it is the duty of the court to screen out frivolous applications”). The procedure serves to “eliminate the burden that would be placed on the
respondent by ordering an unnecessary answer.” Id. A dismissal under Rule 4 may be appropriate both on the merits and upon a finding that the petition is procedurally barred. Paez, 947 F.3d at 649. Specifically,
a district court may sua sponte dismiss a § 2254 petition if it is clear the petition is untimely. Kilgore v. Att’y Gen. of Colo., 519 F.3d 1084, 1089 (10th Cir. 2008); Jackson v. Sec’y for Dep’t of Corr., 292 F.3d 1347, 1349 (11th Cir. 2002) (per curiam) (“even though the statute of limitations is an affirmative defense, the district
court may review sua sponte the timeliness of the section 2254 petition”). II. THE PETITION IS UNTIMELY
Pursuant to the requirements set forth in 28 U.S.C. § 2244, as amended by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), a § 2254 petition must be filed within one year of “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244(d)(1)(A).1 However, the one-year period is tolled for “[t]he time
during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending.” 28 U.S.C. § 2244(d)(2). As discussed below, Tobin’s federal petition is untimely because the
one-year statute of limitations period began to run in 2016 and, even with tolling, expired in January 2018. In 2015, Tobin was charged with violating a domestic violence injunction and armed trespass on property other than a structure or conveyance. See State of Florida
v. Tobin, 2015 CF 002644.2 In 2016, while on probation in the 2015 case, Tobin was charged with burglary of an unoccupied dwelling and criminal mischief. See State of Florida v. Tobin, 2016 CF 000355. Tobin pled no contest to all the charges.
On May 23, 2016,3 the Court entered an Amended Judgment and Sentence in both cases, sentencing Tobin to 5 years on the armed trespass charge, time served
1 Although there are other “trigger” dates under the AEDPA, none of those apply here. See 28 U.S.C. § 2244(d)(1)(B)-(D). 2 The dockets for the criminal cases referenced herein are available online and are also attached hereto as Exhibit A. However, because the filed documents are available only to registered users, the Court has also attached those filings referenced herein as exhibits to this report. See Paez, 947 F.3d at 652 (finding “the District Court acted properly when it took notice of the state court dockets as well as when it sua sponte dismissed the petition without ordering a response from the Secretary”). 3 Although the Court signed the Amended Judgment on April 14, 2016, and it was “done in open court” on March 31, 2016, it was not filed until May 23, 2016. Thus, for purposes of the timeliness analysis, the Court will use the more favorable-to-Petitioner May 23, 2016 date. for the violation of domestic violence injunction charge, 10 years on the burglary charge, and time served for the criminal mischief charge.4 The sentences for the armed trespass and burglary charges were to run consecutive for a total sentence of
15 years, concurrent with the other sentences. See Amended Judgment, Exhibit B. Tobin did not file a direct appeal. Thus, Tobin’s conviction became final thirty (30) days later or on June 22, 2016, when the time for Tobin to file a direct
appeal expired. See Gust v. State, 535 So. 2d 642 (Fla. 1st DCA 1988) (if a defendant does not appeal the conviction or sentence, judgment becomes final when the 30-day period for filing a direct appeal expires). In July 2016, Tobin filed a pro se motion to withdraw his plea; the motion
was dismissed on August 25, 2016. Tobin did not appeal the circuit court’s decision. In September 2016, Tobin filed a pro se 3.850 motion alleging ineffective assistance of counsel. On November 11, 2016, the circuit court dismissed the motion, with
leave for Tobin to file an amended motion within 60 days. See Order, Exhibit C. Tobin did not file an amended 3.850 motion by the due date. Instead, in October 2017, Tobin filed a motion for resentencing, which the circuit court dismissed for lack of jurisdiction on October 12, 2017.5 Tobin did not appeal the court’s dismissal.
4 Tobin filed a federal habeas case challenging 2016 CF 000355. This Court denied the petition as untimely. See Tobin v. Dixon, 3:24-cv-00467-AW-HTC (N.D. Fla. Jan. 22, 2025). 5 See Exhibit D attached hereto. Because the court entered one judgment in both cases, the motion for re-sentencing was docketed by the clerk in both cases, as was true with Tobin’s other post- conviction motions. See Exhibit E, attached hereto, noting the motion for re-sentencing was Tobin did not file another postconviction motion until July 2019, more than a year after the circuit court dismissed his motion for resentencing. Thus, Tobin had no application for postconviction relief pending from October 12, 2017, which
would have tolled the AEDPA 1-year statute of limitations before it expired. In the petition, Tobin does not dispute that the petition is untimely. Instead, he seeks the benefit of equitable tolling and claims he was abandoned by two
attorneys, could not obtain representation by other attorneys, is ignorant to the workings of the justice system, and is “being tortured in prison.” Doc. 1 at 14. While equitable tolling may allow an otherwise untimely petition to proceed, it is not applicable here.
Equitable tolling is applied sparingly, Steed v. Head, 219 F.3d 1298, 1300 (11th Cir. 2000), and is available “only in truly extraordinary circumstances.” Johnson v. United States, 340 F.3d 1219, 1226 (11th Cir. 2003), aff'd 544 U.S. 295
docketed in both cases. When the circuit court denied the motion, however, the order was docketed only in State of Florida v. Tobin, 2016 CF 000355, even though it should have been docketed in both cases. Regardless, as stated above Tobin does not deny that the petition is untimely and even assuming the court had not terminated the motion in State of Florida v. Tobin, 2015 CF 002644 as untimely, this Court must make that determination in deciding whether the petition is timely filed because an untimely post-conviction motion cannot toll the AEDPA limitations period. See Gorby v. McNeil, 530 F.3d 1363, 1368 (2008) (“We will not allow the tolling of AEDPA’s limitations period when it is clear that the petitioner failed to seek timely review in state court.”); see also, See Geathers v. Sec’y, Dep’t of Corr., 2025 WL 1276013, at *2 (11th Cir. May 2, 2025) (“if a state court does not expressly rule on the timeliness of a post-conviction motion, then ‘the federal court must decide whether the filing was timely under state law’”) (internal citations omitted). Here, as the circuit court noted in the order denying the motion which was docketed in 2016 CF 000355, the motion for resentencing is untimely under Florida law because it was filed more than 60 days after Tobin was sentenced. See Fla. R. Crim. Proc. 3.800(c). Thus, it cannot toll the AEDPA limitations period. (2005). Thus, to benefit from equitable tolling a petitioner must show “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way’ and prevented timely filing.” Holland v. Florida, 560 U.S. 631,
649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). Vague or conclusory allegations are insufficient to satisfy the petitioner’s burden to show how he acted with diligence. Lugo v. Sec’y, Fla. Dep’t of Corr., 750 F.3d 1198, 1209-10
(11th Cir. 2014); Hutchinson v. Florida, 677 F.3d 1097, 1099 (11th Cir. 2012) (“[T]he allegations supporting equitable tolling must be specific and not conclusory.”). And to establish an extraordinary circumstance, a petitioner must show a causal connection between the alleged circumstance and the late filing, San
Martin v. McNeil, 633 F.3d 1257, 1267 (11th Cir. 2011), and the extraordinary circumstance must be “unavoidable even with diligence.” Sandvik v. United States, 177 F.3d 1269, 1271-72 (11th Cir. 1999) (per curiam).
Here, Tobin’s claims are conclusory and far from specific. Tobin does not provide any facts to support these bald allegations. Moreover, he does not explain how any conduct by the judge, prison officials, or his attorneys prevented him from timely filing a habeas petition.
III. CONCLUSION For the reasons set forth above, the undersigned recommends the petition be dismissed sua sponte as untimely. A court does not err by sua sponte dismissing a
§ 2254 petition if it gives the petitioner notice of its decision and an opportunity to be heard in opposition. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019) (holding that the district court did not err by sua sponte dismissing habeas petition after giving notice and an opportunity to respond). This Report and
Recommendation serves that function. See Paez, 947 F.3d at 649. Additionally, the undersigned will direct the clerk to provide the Secretary and the Attorney General’s office a copy of the petition and this Report and Recommendation so that the
Secretary will also have an opportunity to inform the Court if he intends to waive the timeliness defense. See id. The undersigned also finds that an evidentiary hearing is not warranted. In deciding whether to grant an evidentiary hearing, this Court must consider “whether
such a hearing could enable an applicant to prove the petition’s factual allegations, which, if true, would entitle the applicant to federal habeas relief.” Schriro v. Landrigan, 550 U.S. 465, 474 (2007). Here, because Petitioner’s petition is time-
barred, an evidentiary hearing is not warranted. IV. CERTIFICATE OF APPEALABILITY Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts provides: “[t]he district court must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant.” If a certificate is issued, “the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2).” 28 U.S.C. § 2254 Rule 11(a). A timely notice of appeal must still be filed, even if the court issues a certificate of appealability. 28 U.S.C. § 2254 Rule 11(b). After reviewing the record, the Court finds no substantial showing of the
denial of a constitutional right. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483- 84 (2000) (explaining how to satisfy this showing) (citation omitted). Therefore, it is also recommended that the district court deny a certificate of appealability in its
final order. Accordingly, it is ORDERED: 1. The clerk shall serve a copy of the petition and this Order and Report and Recommendation to the Respondent Ricky Dixon by providing a copy of same
to the Secretary and to the Attorney General. Despite such service of the petition, the Respondent does not have to, but may, file an answer, motion, or other response. Additionally, it is respectfully RECOMMENDED:
1. That the petition be DISMISSED under Habeas Rule 4 as untimely. 2. That a certificate of appealability be DENIED. 3. That the clerk be directed to close the file. At Pensacola, Florida, this 20th day of May, 2026.
/s/ Hope Thai Cannon
HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. A copy of objections shall be served upon the magistrate judge and all other parties. A party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. 2015 CF 002644 C : STATE OF FLORIDA vs. TOBIN, MATTHEW ALLEN Case Type: CF - Felony Date Filed: 11/23/2015 Location: Crestview (North) UCN: 462015CF002644XXXACX Judge: John Jay Gontarek Status: Closed Citation Number: CF - Felony Appear By Date: Parties Name DOB Type Attorney Atty Phone STATE OF FLORIDA Plaintiff (Criminal) KIMBERLY TORRES ktorres@osa1.org MATTHEW ALLEN TOBIN 6/20/1982 Defendant Charge Details Offense Charge Plea Arrest Disposition Sentence Date 11/19/2015 1. VIOL INJUNCTION 2/1/2016 Nolo 11/19/2015 OBTS:4602072210 2/1/2016 PROTECTION DOMESTIC Contendere Sequence:1 Control Guilty - No VIOLENCE Statute: 741.31(4a) Number:15OFF014482 Arresting Trial First Degree Misdemeanor Agency:Okaloosa County Sheriff 11/19/2015 2. TRESPASSING-PROPERTY 2/1/2016 Nolo 11/19/2015 OBTS:4602072210 2/1/2016 ARMED Statute: 810.09(2c) Third Contendere Sequence:2 Control Guilty - No Degree Felony Number:15OFF014482 Arresting Trial Agency:Okaloosa County Sheriff Docket Events Document Date Description Pages Index 459 4/27/2026 SUPREME COURT RECEIPT 2 Comments: SC2026-631 458 4/17/2026 Mandate Affirmed 4 Comments: DCA (1D2024-2828) 457 2/20/2026 1DCA ORDER 3 Comments: BARRING APPELLANT MATTHEW A TOBIN FROM ANY FURTHER PRO SE FILINGS RELATED TO CASE NUMBERS 15-CF-2644 OR 16-CF-355 AND INSTRUCTS DCA CLERK TO REJECT ANY FILINGS FILED PRO SE AND FURTHER DIRECTS DCA CLERK TO FORWARD A CERTIFIED COPY TO THE PRISION FOR ANY DISCIPLINARY ACTION THAT MAY BE CONSIDERED APPROPRIATE (1D2024-2828) 456 1/16/2025 CLERK'S APPEAL WORKSHEET & PROCESSING CHECKLIST 1 Comments: CLERK'S APPEAL WORKSHEET & PROCESSING CHECKLIST 455 12/18/2024INDEX TO RECORD ON APPEAL 1 Comments: INDEX TO RECORD ON APPEAL (1D2024-2828) 453 11/21/2024 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: INDIGENT OFFICE, APPEALS SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN Comments: DEFENDENT DETERMINED TO BE INDIGENT BY EXAMINER 451 11/21/2024 AFFIDAVIT FOR INDIGENT STATUS (OBTS) 1 Comments: AFFIDAVIT FOR INDIGENT STATUS (OBTS) 450 11/21/2024 FEE ASSESSED Comments: AFFIDAVIT FOR INDIGENT STATUS (OBTS) ASSESSED $50.00 454 11/19/2024 REQUEST FOR: 2 Comments: DEFENDANT'S REQUEST FOR COPY OF INDIGENCY ORDER 448 11/5/2024 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: TURNER, JUSTINA CLARA JASSEN SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: ODEN-11/4/2024 447 11/5/2024 CERTIFICATE OF SERVICE FILED 1 Comments: CERTIFICATE OF SERVICE FILED 449 11/4/2024 ORDER 2 Comments: ORDER DISMISSING DEF'S MOTION TO COMPEL DISCOVERY 446 11/4/2024 ORDER DENYING MOTION 4 Comments: ORDER DENYING"PETITION FOR REHEARING DUE TO NEW WITNESS" AND WARNING DEF REGARDING FURTHER FRIVOLOUS FILINGS WITH DIRECTION CLERK 443 11/1/2024 RECEIPT DCA - NOTICE OF APPEAL 7 Comments: RECEIPT DCA - NOTICE OF APPEAL (1D2024-2828) 442 11/1/2024 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: MATTHEW TOBIN 441 11/1/2024 EMAIL SENT Comments: EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: MCKINNEY, JASON SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: MOT-11/1/2024 440 11/1/2024 MOTION 2 Comments: MOTION TO COMPEL DISCOVERY 445 10/31/2024NOTICE OF APPEAL 11 Comments: NOTICE OF APPEAL (COPY AS RECEIVED FROM DCA) 444 10/31/20241DCA ORDER 2 Comments: 1DCA ORDER - WITHIN 30 DAYS OF THIS ORDER APPELLANT TO PAY FILING FEE OR FILE AND ORDER OR INSOLVENCY 439 10/15/2024ORDER 1 Comments: ORDER STRIKING DEF'S MOTION FOR "CONTEMPT OF COURT AND MOTION FOR CLARIFICATION 438 10/15/2024ORDER 1 Comments: ORDER STRIKING CORRESPONDENCE 437 10/14/2024ORDER 1 Comments: ORDER STRIKING CORRESPONDENCE 436 10/11/2024 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN Comments: MEMO TO DEF RE: MOTION FOR CLARIFICATION 434 10/11/2024 MOTION 2 Comments: MOTION FOR CLARIFICATION 433 10/7/2024 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: MATTHEW TOBIN 432 10/7/2024 EMAIL SENT Comments: EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: TORRES, KIMBERLY; MCKINNEY, JASON SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: REQF-10/7/2024 431 10/7/2024 REQUEST FOR: 2 Comments: REQUEST FOR DISCOVERY 430 10/7/2024 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: TOBIN MATTHEW 429 10/7/2024 EMAIL SENT Comments: EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: TORRES, KIMBERLY; MCKINNEY, JASON SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: REQF-10/7/2024 428 10/7/2024 REQUEST FOR: 4 Comments: REQUEST FOR PETITION FOR REHARING DUE TO NEW WITNESS 427 9/30/2024 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: MATTHEW TOBIN 426 9/30/2024 JUDGE ASSIGNED Comments: JUDGE GONTAREK, JOHN JAY: ASSIGNED 425 9/30/2024 EMAIL SENT Comments: EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: TORRES, KIMBERLY; MCKINNEY, JASON SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: CORES-9/30/2024 424 9/27/2024 CORRESPONDENCE 3 Comments: CORRESPONDENCE- CONTEMPT OF COURT 423 12/26/2023MAIL RETURNED UNDELIVERABLE 2 Comments: MAIL RETURNED UNDELIVERABLE 422 12/8/2023 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: CORRESPONDENCE 421 12/8/2023 CORRESPONDENCE 24 Comments: CORRESPONDENCE 420 12/28/2022REQUEST FOR: 1 Comments: REQUEST FOR: INFORMATION 419 11/15/2019 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: O-11/14/2019 Comments: CERTIFICATE OF SERVICE FILED 418 11/14/2019 REOPENED CASE CLOSED Comments: REOPENED CASE CLOSED 415 11/14/2019 ORDER 13 Comments: FINAL ORDER DISMISSING DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF 414 10/21/2019FEE ASSESSED Comments: COLLECTION SERVICE CHARGES APPLIED - PENN CREDIT ASSESSED $320.25 413 10/16/2019EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 2 EMAILDOCKETDESCRIPTIONS: DMOTREQ-10/16/2019,MPCR-10/15/2019 412 10/16/2019MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: MOTION FOR POST CONVICTION RELIEF 411 10/15/2019CASE REOPENED Comments: CASE REOPENED FOR MOTION FOR POST CONVICTION RELIEF 410 10/15/2019MOTION FOR POST CONVICTION RELIEF 8 Comments: MOTION FOR POST CONVICTION RELIEF 409 8/9/2019 ORDER 9 Comments: ORDER DISMISSING DEFENDANT'S MOTION TO REDUCE OR MODIFY SENTENCE 408 7/31/2019 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY; THE COURT SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 2 EMAILDOCKETDESCRIPTIONS: DMOTREQ-7/31/2019,MOT-7/31/2019 407 7/31/2019 MEMO TO DEF RE: 1 Comments: MEMO TO DEF RE: MOTION FOR SENTENCE MODIFICATION 406 7/31/2019 MOTION 2 Comments: PRO SE MOTION FOR SENTENCE MODIFICATION 405 8/28/2018 AMENDED DISCOVERY EXHIBIT FILED 1 Comments: AMENDED DISCOVERY EXHIBIT FILED 404 10/6/2017 MEMO TO DEF RE: 1 Comments: MEMO DEF MOTION OR REQUEST FOR MOTION FOR RE-SENTENCING 403 10/6/2017 CORRESPONDENCE 3 Comments: CORRESPONDENCE FILED FROM DEF: MOTION TO RESENTENCING 401 11/18/2016 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: ORD-11/14/2016 402 11/14/2016 REOPENED CASE CLOSED Comments: REOPENED CASE CLOSED 400 11/14/2016 ORDER 2 Comments: ORDER DISMISSING DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF Comments: EMAIL SENT- RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT 16CF355; 15CF2644, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: DMOTREQ-9/15/16 395 9/15/2016 MEMO TO DEF RE: 4 Comments: PRO SE MOTION 3.850 INEFFECTIVE ASSISTANCE OF COUNSEL 399 9/15/2016 CASE REOPENED Comments: CASE REOPENED FOR ANY OTHER REASON 398 9/13/2016 NOTICE OF FILING 5 Comments: NOTICE OF FILING 397 8/25/2016 ORDER 8 Comments: ORDER DISMISSING DEF'S MOTION TO WITHDRAW PLEA 0 8/16/2016 ORDER OF REVOCATION OF PROBATION 1 Comments: AMENDED ORDER OF REVOCATION OF PROBATION - Recorded (OR.3261.3617 / 3083924) 396 8/12/2016 ORDER OF REVOCATION OF PROBATION 1 Comments: AMENDED ORDER OF REVOCATION OF PROBATION 392 8/10/2016 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: STAFF ATTORNEY SUBJECT: SERVICE OF COURT DOCUMENT 2016 CF 000355 C; 15CF2644, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: MOT-7/20/2016 391 7/20/2016 MOTION 4 Comments: PRO SE MOTION TO WITHDRAW PLEA AGREEMENT 395 6/8/2016 CASE REFERRED TO COLLECTION AGENCY Comments: CASE REFERRED TO COLLECTION AGENCY 394 5/23/2016 COURT VERIFICATION FORM 1 Comments: COURT VERIFICATION FORM 0 5/23/2016 AMENDED JUDGMENT AND SENTENCE 11 Comments: AMENDED JUDGMENT AND SENTENCE *** PAGE 4 OF 6 AMENDED TO REFLECT THE CORRECT SENTENCE FOR 2015CF2644 CT 2 - Recorded (OR.3249.826 / 3067274) 393 5/23/2016 AMENDED JUDGMENT AND SENTENCE 11 Comments: AMENDED JUDGMENT AND SENTENCE *** PAGE 4 OF 6 AMENDED TO REFLECT THE CORRECT SENTENCE FOR 2015CF2644 CT 2 5/19/2016 HEARING - Motion Hearing - Flowers, Michael (Actual: Flowers, Michael) 392 5/19/2016 CLERKS MINUTE SHEET FILED 1 Comments: CLERKS MINUTE SHEET FILED 391 5/19/2016 COURT RESULT Comments: COURT RESULT: HEARING HELD 390 5/10/2016 HEARING SET Comments: MOTION HEARING SET FOR 05/19/2016 AT 9:00 AM IN FWB/ , JDG: FLOWERS, MICHAEL A 0 4/19/2016 JUDGMENT COSTS & FEES 1 Comments: JUDGMENT COSTS & FEES - Recorded (OR.3244.293 / 3060712) 0 4/19/2016 JGMT & SENT FILED W/SENTENCING GUIDELINES FILED AND SENT FOR RECORDING 1 Comments: EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY; RIVERS, LISA SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: JSSG-4/18/2016 388 4/18/2016 JUDGMENT COSTS & FEES 1 Comments: JUDGMENT COSTS & FEES 387 4/18/2016 CERTIFICATE OF SERVICE FILED 1 Comments: CERTIFICATE OF SERVICE FILED 386 4/18/2016 J & S DELIVERED TO OKALOOSA COUNTY JAIL VIA EMAIL Comments: J & S DELIVERED TO CRESTVIEW VIA EMAIL 385 4/18/2016 JGMT & SENT FILED W/SENTENCING GUIDELINES FILED AND SENT FOR RECORDING 10 Comments: JGMT & SENT FILED W/SENTENCING GUIDELINES 384 4/18/2016 UNIFORM COMMITMENT TO CUSTODY FILED 1 Comments: UNIFORM COMMITMENT TO CUSTODY FILED 82 4/1/2016 DEFENDANT GIVEN CREDIT FOR @ DAYS SERVED 1 Comments: DEFENDANT GIVEN CREDIT FOR 122 DAYS SERVED 3/31/2016 HEARING - Violation of Probation Arraignment - Flowers, Michael (Actual: Flowers, Michael) 91 3/31/2016 REOPENED CASE CLOSED Comments: REOPENED CASE CLOSED 90 3/31/2016 PLEA AND SENTENCING AGREEMENT FILED 5 Comments: PLEA AND SENTENCING AGREEMENT FILED 89 3/31/2016 CLERKS MINUTE SHEET FILED 1 Comments: CLERKS MINUTE SHEET FILED 88 3/31/2016 FEE ASSESSED Comments: PROS FEE ASSESSED $100.00 87 3/31/2016 FEE ASSESSED Comments: COURT APPOINTED COUNSEL COSTS ASSESSED $100.00 86 3/31/2016 FEE ASSESSED Comments: PUB DEF FEE (COURT APPOINTMENT) ASSESSED $50.00 85 3/31/2016 SENTENCE IMPOSED Comments: CASE# 2015 CF 002644 C SENTENCED - IMPOSED: 3/31/2016 EFFECTIVE DATE: 3/31/2016 84 3/31/2016 SENTENCE IMPOSED Comments: CASE# 2015 CF 002644 C SENTENCED - IMPOSED: 3/31/2016 EFFECTIVE DATE: 3/31/2016 83 3/31/2016 COURT RESULT Comments: COURT RESULT: SENTENCED 50 3/31/2016 SENTENCING Comments: CASE #2015 CF 002644 C - MAX CONF - STATE PRISON FACILITY FOR 5 YEARS - CHRG 002 CREDIT FOR TIME SERVED - 122 DAYS - CHRG 002 - 47 3/31/2016 SENTENCING NOTES Comments: CHARGE CNT 1 SENTENCING NOTES: VOP ADMITTED (PLEA TO COURT) COURT DETERMINED DEFENDANT DID VIOLATE PROBATION COSTS/CONDITIONS PER WRITTEN Comments: CASE #2015 CF 002644 C - DEFENDANT SENTENCED AS TO CHARGE: 001 CHRG 001 CONCURRENT W/ CHARGE 0 462015CF002644002 MAX CONF - STATE PRISON FACILITY FOR 1 YEARS - CHRG 001 CREDIT FOR TIME SERVED - 122 DAYS - CHRG 001 PROBATION - REPORTING () - FOR - CHRG 001 SENTENCE PROVISION - PROBATION REVOKED - CHRG 001 - VOP ADMITTED (PLEA TO COURT) COURT DETERMINED DEFENDANT DID VIOLATE PROBATION COSTS/CONDITIONS PER WRITTEN PLEE AGREEMENT DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED COSTS TO COLLECTIONS 81 3/30/2016 DEFENSE ATTORNEY ASSIGNED Comments: DEFENSE ATTORNEY: RIVERS, LISA ASSIGNED 80 3/30/2016 ORDER GRANTING MOTION TO WITHDRAW 1 Comments: ORDER GRANTING MOTION TO WITHDRAW AND APPOINTMENT OF THE OFFICE OF REGIONAL CONFLICT COUNSEL 79 3/29/2016 MOTION TO WITHDRAW FILED 1 Comments: MOTION TO WITHDRAW FILED 78 3/9/2016 NOTICE/FORM CREATED ISSUED 2 Comments: NOTICE/FORM CREATED ISSUED - DEF NOTICE SENT TO OKALOOSA JAIL 77 3/7/2016 HEARING SET Comments: VIOLATION OF PROBATION SET FOR 03/31/2016 AT 9:00 AM IN A/ , JDG: FLOWERS, MICHAEL A 76 3/7/2016 ORIGINAL ARREST REPORT/WARRANT FILED 7 Comments: ORIGINAL ARREST REPORT/WARRANT FILED 75 3/7/2016 DEFENSE ATTORNEY ASSIGNED Comments: DEFENSE ATTORNEY: MCKINNEY, JASON ASSIGNED 74 3/7/2016 PUBLIC DEFENDER APPOINTED AT FIRST APPEARANCE Comments: PUBLIC DEFENDER APPOINTED AT FIRST APPEARANCE 72 3/7/2016 JUDGES RECORD 1ST APPEARANCE NON ADVER PROB CAUSE / ARREST REPORT 2 Comments: JUDGES RECORD 1ST APPEARANCE NON ADVER PROB CAUSE 73 3/4/2016 ARREST REPORT FILED 10 Comments: ARREST REPORT FILED 68 3/4/2016 CASE UNSECURED Comments: CASE UNSECURED 70 3/2/2016 REARREST INFORMATION Comments: REARRESTED ON 03/02/2016: OBTS # 4602073418 69 3/2/2016 WARRANT STATUS Comments: VOP WARRANT STATUS CHANGED TO SERVED 67 3/2/2016 CASE REOPENED Comments: CASE REOPENED FOR VIOLATION OF PROBATION/COMMUNITY CONTROL 66 3/1/2016 AFFIDAVIT OF VIOLATION OF PROBATION 1 Comments: AFFIDAVIT VIOLATION OF PROBATION 65 3/1/2016 VIOLATION REPORT FORM FILED (NON PUBLIC) 3 Comments: VIOLATION REPORT FORM FILED (NON PUBLIC) 71 2/26/2016 PROCESS ACTION ISSUED Comments: VOP WARRANT ISSUED: VIOLATION OF PROBATION/COMM CONTROL 2/1/2016 Disposition 2/1/2016 Disposition 2/1/2016 HEARING - Docket Day Felony - Flowers, Michael (Actual: Flowers, Michael) 2/1/2016 HEARING - Docket Day Felony - Flowers, Michael (Actual: Flowers, Michael) 64 2/1/2016 HEARING SET FOR @ Comments: FARRETTA HEARING-WITHDRAWN 63 2/1/2016 CASE CLOSED Comments: CASE CLOSED 62 2/1/2016 CLERKS MINUTE SHEET FILED 1 Comments: CLERKS MINUTE SHEET FILED 61 2/1/2016 CORRESPONDENCE 1 Comments: CORRESPONDENCE FILED FROM DEFENDANT TO COURT 60 2/1/2016 GUIDELINES SCORESHEET FILED 4 Comments: GUIDELINES SCORESHEET FILED 59 2/1/2016 FINGERPRINTS OF DEFENDANT FILED 1 Comments: FINGERPRINTS OF DEFENDANT FILED 58 2/1/2016 PLEA AND SENTENCING AGREEMENT FILED 4 Comments: PLEA AND SENTENCING AGREEMENT FILED 57 2/1/2016 WAIVE COST OF SUPERVISION Comments: WAIVE COST OF SUPERVISION 56 2/1/2016 FEE ASSESSED Comments: LAW ENFORCEMENT EDUCATION ASSESSMENT ASSESSED $2.00 55 2/1/2016 FEE ASSESSED Comments: COURT COSTS FELONY ASSESSED $513.00 54 2/1/2016 FEE ASSESSED Comments: COURT APPOINTED COUNSEL COSTS ASSESSED $100.00 53 2/1/2016 FEE ASSESSED Comments: PUB DEF FEE (COURT APPOINTMENT) ASSESSED $50.00 52 2/1/2016 CONVICTION Comments: CONVICTION 51 2/1/2016 SENTENCE IMPOSED Comments: CASE# 2015 CF 002644 C SENTENCED - IMPOSED: 2/1/2016 EFFECTIVE DATE: 2/1/2016 49 2/1/2016 COURT ACTION TAKEN Comments: *GUILTY CHRG: 2 48 2/1/2016 PLEA ENTERED Comments: DEFENDANT ENTERED PLEA OF NOLO-CONTENDERE SEQ 2 46 2/1/2016 SENTENCE IMPOSED Comments: CASE# 2015 CF 002644 C SENTENCED - IMPOSED: 2/1/2016 EFFECTIVE DATE: 2/1/2016 44 2/1/2016 COURT ACTION TAKEN Comments: DEFENDANT ENTERED PLEA OF NOLO-CONTENDERE SEQ 1 42 2/1/2016 COURT RESULT Comments: COURT RESULT: CANCELLED 41 2/1/2016 COURT RESULT Comments: COURT RESULT: SENTENCED 40 1/29/2016 EMAIL SENT Comments: EMAIL SENT- RECIPIENTS: MCKINNEY, JASON; TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: MOT-1/28/2016 39 1/28/2016 MOTION 3 Comments: MOTION TO DISMISS FILED FROM DEFENDANT 1/25/2016 HEARING - Calendar Status Date - Flowers, Michael (Actual: Flowers, Michael) 38 1/25/2016 COURT RESULT Comments: COURT RESULT: HEARING HELD 37 1/12/2016 MOTION 3 Comments: MOTION FOR SPEEDY TRIAL AND BOND REDUCTION FILED PRO SE 1/7/2016 HEARING - Bond Hearing - Flowers, Michael (Actual: Flowers, Michael) 36 1/7/2016 NO CONTACT WITH VICTIM Comments: NO CONTACT WITH VICTIM OR WITNESSES/NO ALCOHOL/NO DRUGS WITHOUT RX 35 1/7/2016 CLERKS MINUTE SHEET FILED 1 Comments: CLERKS MINUTE SHEET FILED 34 1/7/2016 MOTION Comments: MOTION: TO SET BOND - GRANTED $10,000.00 C/P PTS/GPS 33 1/7/2016 COURT RESULT Comments: COURT RESULT: HEARING HELD 32 1/7/2016 CORRESPONDENCE TO THE COURT 2 Comments: CORRESPONDENCE TO THE COURT FROM DEFENDANT 31 1/6/2016 DEFENSE ATTORNEY ASSIGNED Comments: DEFENSE ATTORNEY: MCKINNEY, JASON ASSIGNED 30 12/28/2015HEARING SET Comments: CRIMINAL JURY TRIAL FELONY SET FOR 02/08/2016 AT 8:30 AM IN A/ , JDG: FLOWERS, MICHAEL A 29 12/28/2015HEARING SET Comments: DOCKET DAY FELONY SET FOR 02/01/2016 AT 9:00 AM IN A/ , JDG: FLOWERS, MICHAEL A 28 12/28/2015COURT RESULT Comments: COURT RESULT: RESCHEDULED 27 12/28/2015COURT RESULT Comments: COURT RESULT: RESCHEDULED 12/22/2015HEARING - Felony Arraignment - Ward, Jim (Actual: Ward, Jim) 26 12/22/2015PROSECUTOR ASSIGNED Comments: DEFENSE ATTORNEY: MCKINNEY, JASON ASSIGNED 24 12/22/2015CLERKS MINUTE SHEET FILED 1 Comments: CLERKS MINUTE SHEET FILED 23 12/22/2015COURT RESULT Comments: COURT RESULT: NOT GUILTY PLEA 22 12/21/2015HEARING SET Comments: BOND HEARING SET FOR 01/07/2016 AT 9:00 AM IN A/ , JDG: FLOWERS, MICHAEL A 21 12/21/2015MOTION TO REDUCE, MODIFY, OR SET BOND 1 Comments: MOTION TO SET BOND AND NOTICE OF HEARING 01/07/2016 AT 9:00 AM 20 12/15/2015DEMAND FOR NOTICE OF ALIBI 1 Comments: DEMAND FOR NOTICE OF ALIBI 19 12/14/2015DISCOVERY EXHIBIT FILED 3 Comments: DISCOVERY EXHIBIT FILED 18 12/10/2015INFORMATION FILED 1 Comments: INFORMATION FILED (ORIGINAL HARD COPY) 17 12/8/2015 PROSECUTOR ACTION Comments: FILED SEQ: 2 - (SAME) - (810.09(2C)) TRESPASSING-PROPERTY ARMED 16 12/8/2015 PROSECUTOR ACTION Comments: FILED SEQ: 1 - (SAME) - (741.31) VIOL INJUNCTION PROTECTION DOMESTIC VIOLENCE 14 12/8/2015 INFORMATION FILED 1 Comments: INFORMATION FILED 15 12/4/2015 MOTION 3 Comments: MOTION TO DISMISS FILED FROM DEFENDANT 13 12/1/2015 NOTICE OF DISCOVERY 1 Comments: NOTICE OF DISCOVERY 12 11/23/2015 PUBLIC DEFENDER APPOINTED AT FIRST APPEARANCE Comments: PUBLIC DEFENDER APPOINTED AT FIRST APPEARANCE 11 11/23/2015 JUDGES RECORD 1ST APPEARANCE NON ADVER PROB CAUSE / ARREST REPORT 2 Comments: JUDGES RECORD 1ST APPEARANCE NON ADVER PROB CAUSE 10 11/23/2015 ARREST REPORT FILED 4 Comments: ARREST REPORT FILED 7 11/23/2015 HEARING SET Comments: CRIMINAL JURY TRIAL FELONY SET FOR 02/08/2016 AT 8:30 AM IN FWB/ , JDG: FLOWERS, MICHAEL A 6 11/23/2015 HEARING SET Comments: DOCKET DAY FELONY SET FOR 02/01/2016 AT 9:00 AM IN FWB/ , JDG: FLOWERS, MICHAEL A 5 11/23/2015 HEARING SET Comments: CALENDAR STATUS DATE SET FOR 01/25/2016 AT 9:00 AM IN JDFC/ , JDG: Comments: FELONY PLEA SET FOR 12/22/2015 AT 1:30 PM IN A/ , JDG: WARD, JIM 3 11/23/2015 JUDGE ASSIGNED Comments: JUDGE FLOWERS, MICHAEL A: ASSIGNED 2 11/23/2015 CASE FILED Comments: CASE FILED 11/23/2015 CASE NUMBER 2015 CF 002644 C 1 11/23/2015 DEFENSE ATTORNEY ASSIGNED Comments: DEFENSE ATTORNEY: PUBLIC DEFENDER ASSIGNED 9 11/19/2015 INITIAL CHARGE Comments: ARREST CHRG: 1 - (741.31) VIOL INJUNCTION PROTECTION DOMESTIC VIOLENCE 8 11/19/2015 INITIAL CHARGE Comments: ARREST CHRG: 2 - (810.09(2C)) TRESPASSING-PROPERTY ARMED Hearings Date Hearing Time Location Pages 5/19/2016 Motion Hearing - Flowers, Michael (Actual: Flowers, Michael) 9:00 FWB Courthouse Annex AM Extension 3/31/2016 Violation of Probation Arraignment - Flowers, Michael (Actual: Flowers, 9:00 Courtroom A - Shalimar Michael) AM 2/8/2016 Criminal Jury Trial Felony - Flowers, Michael (Actual: Flowers, Michael) 8:30 FWB Courthouse Annex AM Extension 2/8/2016 CANCELED-Hearing Cancellation Reason Criminal Jury Trial Felony - 8:30 Courtroom A - Shalimar Flowers, Michael (Actual: Flowers, Michael) AM 2/1/2016 Docket Day Felony - Flowers, Michael (Actual: Flowers, Michael) 9:00 FWB Courthouse Annex AM Extension 2/1/2016 Docket Day Felony - Flowers, Michael (Actual: Flowers, Michael) 9:00 Courtroom A - Shalimar AM 1/25/2016 Calendar Status Date - Flowers, Michael (Actual: Flowers, Michael) 9:00 FWB Courthouse Annex AM Extension 1/7/2016 Bond Hearing - Flowers, Michael (Actual: Flowers, Michael) 9:00 Courtroom A - Shalimar AM 12/22/2015Felony Arraignment - Ward, Jim (Actual: Ward, Jim) 1:30 Courtroom A - Shalimar PM Financial Date Description Payer Amount 2/1/2016 Transaction Assessment 665.00 3/31/2016 Transaction Assessment 250.00 10/21/2019 Transaction Assessment 320.25 11/21/2024 Transaction Assessment 50.00 Balance Due: 1285.25 Bonds Description Status Date Bond Status Amount 2015 CF 002644 C Served 2/26/2016 3/2/2016 Violation of Probation Warrant Eee eS ee ESOS Oe Eee —e—E—eOE—_——Ee ree eeEE eee ees
Court Type: Case Type: JOHN JAY Criminal Felony Uniform Case Number: Status: F 000355 C 462016CFO00355XXXACX CLOSED Date: Status Date: Waive Speedy Trial: 2/3/2020 Due: Booking Number: Agency: CRESTVIEW POLICE DEPARTMENT Report Number: Custody Location:
PARTY NAME ADDRESS. ATTORNEY 8501 HAMPTON SPRINGS RD TOBIN, MATTHEW ALLEN PERRY, FL 32348 OKALOOSA COUNTY COURTHOUSE GONTAREK, JOHN JAY 101 E. JAMES LEE BLVD CRESTVIEW, FL 32536 OFFICE OF THE STATE ATTORNEY . TORRES, KIMBERLY (Main Attorney) STATE OF FLORIDA 1804 LEWIS TURNER BLVD, SUITE 100 Email: KMORENO-VANCIL@05A1.0RG FORT WALTON BEACH, FL 32547 TORRES, KIMBERLY 151 CEDAR STREET Email: ktorres@osa1.org CRESTVIEW, FL 327536 DISPOSITIONS NAME CLAIM DATE CLAIM AMOUNT DISPOSITION DISPOSITION DATE FLORIDA 0.0000
COUNT DESCRIPTION LEVEL DEGREE PLEA DISPOSITION DISPOSITION Dy 1 BURGL-OF UNOCCUPIED DWELLING; UNARMED; NO ASSLT OR BATT (810.02(3b)) F 5 NOLO-CONTENDERE *Guilty 2 DAMAGE PROP CRIM MISCH-200 DOLLARS AND UNDER (806.13(1B1)) M 5 NOLO-CONTENDERE *Guilty
EVENT JUDGE LOCATION RESULT 16 8:30 AM CRIMINAL JURY TRIAL FELONY FLOWERS, MICHAEL A FWB COURTHOUSE ANNEX EXTENSION CANCELLED 16 9:00 AM DOCKET DAY FELONY FLOWERS, MICHAEL A FWB COURTHOUSE ANNEX EXTENSION CANCELLED 9:00 AM CALENDAR STATUS DATE FLOWERS, MICHAEL A BRACKIN BLDG CONF RM SENTENCED PRIOR TO COURT EVENT 1:30 PM FELONY PLEA WARD, JIM NOT GUILTY PLEA AMOUNT CODE DESCRIPTION ASSESSMENT. PAID WAIVED BALANCE PAYMENT PLAN / JUDGMENT DUE D PDLIEN COURT APPOINTED COUNSEL COSTS $100,00 $0.00 $0,00 $100,00 CCCF COURT COSTS FELONY $513.00 $0.00 $0.00 $513.00 PENN COLLECTION SERVICE CHARGES APPLIED - PENN CREDIT $215.25 $0.00 $0.00 $215.75 Total Outstanding: (8217.25,
RECEIPT # APPLIED AMOUNT No Receipts on Case DOCKETS HnATEOO CHToOW
vr 41/21/2024 DEFENDENT DETERMINED TO BE INDIGENT BY EXAMINER 11/21/2024 AFFIDAVIT FOR INDIGENT STATUS (OBTS) G2 Rear 11/19/2024 DEFENDANT'S REQUEST FOR COPY OF INDIGENCY ORDER G2 0 11/4/2024 ORDER DISMISSING DEF'S MOTION TO COMPEL DISCOVERY 1pca 11/1/2024 1DCA ORDER - WITHIN 30 DAYS OF THIS ORDER THE APPELLANT TO PAY FILING FEE OR FILE AN ORDER OF INSOLVENCY (7 11/1/2024 RECEIPT DCA - NOTICE OF APPEAL (1D2024-2828) (i DMoTREQ 11/1/2024 MEMO TO DEF RE: REQUEST EMAIL 11/1/2024 EMAIL SENT- RECIPIENTS: APPEALS DEPARTMENT, STATE AND STAFF ATTORNEY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF O00355 | STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: REQF-10/31/2024 Bit NA 10/31/2024 NOTICE OF APPEAL (COPY AS RECEIVED FROM DCA) REQF 10/31/2024 REQUEST FOR COPY OF INSOLVENCY FILED BY DEFENDANT EMAIL 40/31/2024 EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: MOT-10/30/2024 Mor 10/30/2024 | MOTION TO COMPEL DISCOVERY FROM DEFENDANT M5 Na 10/22/2024 NOTICE OF APPEAL RECEIVED FROM DCA M2 1pca 10/18/2024 1DCA ORDER - APPELLANT TO FILE AN ORDER OF INSOLVENCY OR PAY FILING FEE WITHIN 30 DAYS OF THIS ORDER. RDNA 10/18/2024 RECEIPT DCA - NOTICE OF APPEAL (1D2024-2692) O10 10/15/2024 ORDER STRIKING CORRESPONDENCE EMAIL 10/15/2024 EMAIL SENT- RECIPIENTS: TURNER, JUSTINA CLARA JASSEN SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE OF FLORIL TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: ODEN-10/ 14/2024 CTFS 10/15/2024 CERTIFICATE OF SERVICE FILED [4 oven 10/14/2024 ORDER DENYING: “PETITION FOR REHEARING DUE TO NEW WITNESS" AND WARNING DEF REGARDING FURTHER FRIVOLOUS FILINGS WITH DMOTREQ 10/7/2024 MEMO TO DEF RE: MATTHEW TOBIN EMAIL 40/7/2024 EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: REQF-10/7/2024 REQF 10/7/2024 REQUEST FOR DISCOVERY DMoTREQ 10/7/2024 MEMO TO DEF RE: MATTHEW TOBIN EMAIL 10/7/2024 EMAIL SENT- JUDGE JA STATE & ATTY RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: REQF-10/7/2024 REQF 10/7/2024 REQUEST FOR PETITION FOR REHEARING DUE TO NEW WITNESS Bi oo 9/24/2024 ORDER STRIKING CORRESPONDENCES Gi DMOTREQ 9/19/2024 MEMO TO DEF RE: MATTHEW TOBIN EMAIL 9/19/2024 EMAIL SENT- JUDGE JA STATE & STAFF ATTY RECIPIENTS: TORRES, KIMBERLY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: CORES-9/19/2024 cores 9/19/2024 CORRESPONDENCE a002 9/19/2024 JUDGE GONTAREK, JOHN JAY: ASSIGNED 12/26/2023 MAIL RETURNED UNDELIVERABLE DMOTREQ 12/8/2023 MEMO TO DEF RE: CORRESPONDENCE [24 CORES 12/8/2023 CORRESPONDENCE 0 3/24/2023 ORDER DISMISSING DEFENDANT'S PETITION FOR WRIT OF HABEAS CORPUS DMOTREQ 3/17/2023 MEMO TO DEF RE: EMAIL 374612023 EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY; SENIOR JUDGE; LAND, COURTNEY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 00035: STATE OF FLORIDA WS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 0 EMAILDOCKETDESCRIPTIONS: Os Per 3/16/2023 PETITION FOR WRIT OF HABEAS CORPUS REQF 12/28/2022 REQUEST FOR: INFORMATION DMOTREQ 11/5/2021 MEMO TO DEF RE:COPIES WITH CLEMENCY Hs 11/5/2021 REQUEST FOR: CERT COPIES DUE TO CLEMENCY M1 10/8/2021 MEMO TO DEF RE REQUEST FOR COPIES UNRELATED TO EXECUTIVE CLEMENCY cores 10/8/2021 CORRESPONDENCE FILED BY DEF o 2/12/2020 ORDER DENYING DEFENDANT'S MOTION ENTERING NEW EVIDENCE REOPENEDCASECLOSED 2/5/2020 REOPENED CASE CLOSED o 2/5/2020 ORDER DISMISSING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE EMAIL 1/23/2020 EMAIL SENT- STAFF ATTY RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE OF FLORIDA VS. TO MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: DMOTREQ-1/23/2020 DMoTREQ 1/23/2020 MEMO TO DEF RE: PRO SE MOTION FOR REDUCTION OF SENTENCE G4 mor 1/23/2020 PRO SE MOTION FOR REDUCTION OF SENTENCE EMAIL 1/23/2020 EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY; OFFICE OF JUDGE FLOWERS SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, S OF FLORIDA VS. TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 0 EMAILDOCKETDESCRIPTIONS: CASEREOPENED 1/23/2020 CASE REOPENED FOR ANY OTHER REASON Mor 1/22/2020 PRO SE MOTION ENTERING NEW EVIDENCE REOPENEDCASECLOSED 11/14/2019 © REOPENED CASE CLOSED 0 41/14/2019 FINAL ORDER DISMISSING DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF 9999 40/21/2019 COLLECTION SERVICE CHARGES APPLIED - PENN CREDIT ASSESSED $215.25 N 10/15/2019 EMAIL SENT- RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT - 2015 CF 002644 C, STATE OF FLORIDA VS. TOBIN, MATTH ALLEN ATTACHMENT COUNT: 2 EMAILDOCKETDESCRIPTIONS: DMOTREQ-10/16/2019,MPCR-10/15/2019 - EMAIL SENT IN CASE NO. 15CF264 DMOTREQ 10/15/2019 = MEMO TO DEF RE: MOTION FOR PPOST CONVICTION RELIEF
go1g” EMAIL SENT: RECIPIENTS: TORRES, KIMBERLY; THE COURT SUBJECT: SERVICE OF COURT DOCUMENT - 2015 CF 002644 C, STATE OF FLORIDi TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 2 EMAILDOCKETDESCRIPTIONS: DMOTREQ-7/31/2019,MOT-7/31/2019 DMOTREQ 7/31/2019 MEMO TO DEF RE: MOTION FOR SENTENCE MODIFICATION (2 MoT 7/31/2019 PRO SE MOTION FOR SENTENCE MODIFICATION (8 orp 10/13/2017 ORDER DISMISSING DEFENDANT'S MOTION FOR RESENTENCING EMAIL 10/6/2017 EMAIL SENT- RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE OF FLORIDA VS. TOBIN, MATTH ALLEN ATTACHMENT COUNT: 2 EMAILDOCKETDESCRIPTIONS: CORS-10/6/2017, DMOTREQ- 10/6/2017 (1 DMOTREQ 10/6/2017 MEMO DEF MOTION OR REQUEST FOR MOTION FOR RE-SENTENCING 10/6/2017 CORRESPONDENCE FILED FROM DEF: MOTION FOR RESENTENCING REOPENEDCASECLOSED 11/14/2016 | REOPENED CASE CLOSED (2 ctc 11/14/2016 CORRESPONDENCE TO THE COURT (2 orp 11/14/2016 ORDER DISMISSING DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF EMAIL 11/1/2016 EMAIL SENT- RECIPIENTS: THE COURT SUBJECT: SERVICE OF COURT DOCUMENT - 16CF355; 15CF2644, STATE OF FLORIDA VS. TOBIN, MATT ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: DMOTREQ-9/15/16 9/15/2016 PRO SE MOTION 3.850 INEFFECTIVE ASSISTANCE OF COUNSEL CASEREOPENED 9/15/2016 CASE REOPENED FOR ANY OTHER REASON Nor 9/13/2016 NOTICE OF FILING Qs o 8/25/2016 ORDER DISMISSING DEF'S MOTION TO WITHDRAW PLEA - E-SERVED IN CASE NO. 2015-CF-2644) EMAIL 8/10/2016 EMAIL SENT- RECIPIENTS: STAFF ATTORNEY SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C; 15CF2644, STATE OF FLORIDA VS TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: MOT-7/20/2016 (4 = Mor 7/20/2016 SE MOTION TO WITHDRAW PLEA AGREEMENT COLL 6/8/2016 CASE REFERRED TO COLLECTION AGENCY Bit ass 5/23/2016 | AMENDED JUDGMENT AND SENTENCE *** PAGE 4 OF 6 AMENDED TO REFLECT THE CORRECT SENTENCE FOR 2015CF2644 CT 2 Qi 4/18/2016 JUDGMENT COSTS & FEES 4/18/2016 CERTIFICATE OF SERVICE FILED JSVC 4/18/2016 J & S DELIVERED TO CRESTVIEW VIA EMAIL Bio 4/18/2016 = JGMT & SENT FILED W/SENTENCING GUIDELINES ucc 4/18/2016 UNIFORM COMMITMENT TO CUSTODY FILED EMAIL 4/11/2016 _ EMAIL SENT- RECIPIENTS: TORRES, KIMBERLY; RIVERS, LISA SUBJECT: SERVICE OF COURT DOCUMENT - 2016 CF 000355 C, STATE OF FLORIL TOBIN, MATTHEW ALLEN ATTACHMENT COUNT: 1 EMAILDOCKETDESCRIPTIONS: 0-4/7/2016 B10 AITI2016 ORDER CLASSIFYING DEFENDANT AS A HABITUAL FELONY OFFENDER 4/1/2016 DEFENDANT GIVEN CREDIT FOR 47 DAYS SERVED CASECLOSED 3/31/2016 CASE CLOSED 9999 3/31/2016 LAW ENFORCEMENT EDUCATION ASSESSMENT ASSESSED $2.00 9999 3/31/2016 COURT COSTS FELONY ASSESSED $513.00 9999 3/31/2016 COURT APPOINTED COUNSEL COSTS ASSESSED $100.00 (5 PLsN 3/31/2016 PLEA AND SENTENCING AGREEMENT FILED cus 3/31/2016 © CLERKS MINUTE SHEET FILED RCCL 3/31/2016 RESTITUTION REDUCED TO CIVIL LIEN/ JUDGMENT IN OPEN COURT ($287.00) CONV 3/31/2016 CONVICTION SENTEFF 3/31/2016 CASE# 2016 CF 000355 C SENTENCED - IMPOSED: 3/31/2016 EFFECTIVE DATE: 3/31/2016 SENTENCING 3/31/2016 CASE #2016 CF 000355 C DEFENDANT SENTENCED AS TO CHARGE: 002 CHRG 002 CONCURRENT W/ CHARGE 0 462016CFO00355001 MAX acat 3/31/2016 “GUILTY CHRG: 2 acfp 3/31/2016 DEFENDANT ENTERED PLEA OF NOLO-CONTENDERE SEQ 2 SENTNOTES 3/31/2016 CHARGE CNT 1 SENTENCING NOTES: DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED COSTS TO COLLECTIONS (COUNT 1 THIS CASE IS CONSECUTIVE TO 15CF2644 COUNT 2 TO MAKE A TOTAL OF 15 YEARS DOC) SENTEFF 3/31/2016 CASE# 2016 CF 000355 C SENTENCED - IMPOSED: 3/31/2016 EFFECTIVE DATE: 3/31/2016 CASE #2016 CF 000355 C - DEFENDANT SENTENCED AS TO CHARGE: 001 CHRG 001 CONSECUTIVE W/ CHARGE 0 462015CF002644002 MAX ( SENTENCING 3/31/2016 STATE PRISON FACILITY FOR 10 YEARS - CHRG 001 CREDIT FOR TIME SERVED - 47 DAY'S - CHRG 001 - DEFENDANT TO RECEIVE CREDIT □□□□ SERVED COSTS TO COLLECTIONS (COUNT 1 THIS CASE IS CONSECUTIVE TO 15CF2644 COUNT 2 TO MAKE A TOTAL OF 15 YEARS DOC) SEX 3/31/2016 STATES EXHIBIT A - COMPOSITE - HFO PAPERWORK a005 3/31/2016 DEFENSE ATTORNEY: RIVERS, LISA ASSIGNED MOT 3/31/2016 MOTION: ORE-TENUS MOTION TO WITHDRAW BY PUBLIC DEFENDER GRANTED AND LISA RIVERS APPOINTED/HFO NOTICE SERVED acat 3/31/2016 “GUILTY CHRG: 1 acfp 3/31/2016 DEFENDANT ENTERED PLEA OF NOLO-CONTENDERE SEQ 1 CRTRESULT 3/31/2016 COURT RESULT: CANCELLED CRTRESULT 3/31/2016 © COURT RESULT: CANCELLED CRTRESULT 3/31/2016 | COURT RESULT: SENTENCED PRIOR TO COURT EVENT cms 3/22/2016 CLERKS MINUTE SHEET FILED PDAPD 3/22/2016 PUBLIC DEFENDER APPT AT PLEA DAY a005 3/22/2016 DEFENSE ATTORNEY: MCKINNEY, JASON ASSIGNED CRTRESULT 3/22/2016 COURT RESULT: NOT GUILTY PLEA apfa 2/25/2016 □□□ FILED SEQ: 2 - (SAME) - (806. 13(1B1)) DAMAGE PROP CRIM MISCH-200 DOLLARS AND UNDER apfa 2/25/2016 —_—- FILED SEQ: 1 - (SAME) - (810.02(3B)) BURGL-OF UNOCCUPIED DWELLING; UNARMED; NO ASSLT OR BATT —————— ee
Lt EE EEE EEE EE 2/23/2016 CALENDAR STATUS DATE SET FOR 04/25/2016 AT 9:00 AM IM BRA/ , JDG: FLOWERS, MICHAEL A 2/17/2016 JUDGES RECORD 1ST APPEARANCE NON ADVER PROB CAUSE B 2 ARF 2/17/2016 ARREST REPORT FILED aics 2/17/2016 ARREST CHRG: 1 - (810.02(3B)) BURGL-OF UNOCCUPIED DWELLING; UNARMED; NO ASSLT OR BATT aics 2/17/2016 ARREST CHRG: 2 - (806.13(1B1)) DAMAGE PROP CRIM MISCH-200 DOLLARS AND UNDER a120 2/17/2016 CRIMINAL JURY TRIAL FELONY SET FOR 05/09/2016 AT 8:30 AM IN FWB/ , JDG: FLOWERS, MICHAEL A a120 2/17/2016 DOCKET DAY FELONY SET FOR 05/02/2016 AT 9:00 AMIN FWB/ , JDG: FLOWERS, MICHAEL A 2/17/2016 CALENDAR STATUS DATE SET FOR 04/25/2016 AT 9:00 AM IN FWB/ , JDG: FLOWERS, MICHAEL A 2/17/2016 FELONY PLEA SET FOR 03/22/2016 AT 1:30 PM IN A/ , JDG: WARD, JIM 2/17/2016 JUDGE FLOWERS, MICHAEL A: ASSIGNED aoo4 2/17/2016 PROSECUTOR: TORRES, KIMBERLY ASSIGNED 2/17/2016 DEFENSE ATTORNEY: NO ATTORNEY ASSIGNED CASEOPEN 2/15/2016 CASE FILED 02/15/2016 CASE NUMBER 2016 CF 000355 C
Community Control Violator In the Circuit Court, First Judicial Circuit, in Retrial orien and for Okaloosa County, Florida Re-Sentencing [hops kaa wee OE eee Division 006 of Florida fai5 FPR 19 We wn eS A LO OPT of □ Case Number(s)15CF2644; 16CF355 C MATTHEW ALLEN TOBIN 6 La a S60W. JAMESLEEBLVD fps, CRESTVIEW, FL Se 06-20-1982 JUDGMENT The defendant MATTHEW ALLEN TOBIN, being personally before this court represented by LISA RIVERS, O.R.C., the attorney of record, and the state represented by KIMBERLY C. TORRES, ESQ.., and having _] been tried and found guilty by jury of the following crime(s) entered a plea of guilty to the following crime(s) entered a plea of nolo contendere to the following crime(s) Offense Statute Degree Case OBTS Crime Number(s) of Crime Number Number VIOLATION OF INJUNCTION FOR PROTECTION 1 AGAINST DOMESTIC VIOLENCE 741.34 TM 15CF2644 4602073418 ARMED TRESPASS ON PROPERTY OTHER 2 THAN STRUCTURE OR CONVEYANCE 810.09(2C) 3F 15CF2644 4602073418 1 BURGLARY OF AN UNOCCUPIED DWELLING 810.02(3B) 16CF355 4602073221 2 | CRIMINAL MISCHIEF ($200 OR LESS) 806.13(1B1) 16CF355 4602073221
and no cause being shown why the defendant should not be adjudicated guilty, IT IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to s.943.325, the defendant shall be required to submit DNA samples as required by law. and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD.
AND ORDERED in open court in Okaloosa County, Florida, on the 31% day of MARCH 2016 and signed /4 day of , 2016. H- MICHAEL A. FLOWERS Circuit Judge Page 1 of 6
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006 CHARGES/COSTS/FEES
defendant is hereby ordered to pay the following sums if checked: $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust Fund) 16CF355 x $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund) 16CF355 $2.00 as a court cost pursuant to section 938.15, Florida Statutes (Local Law Enforcement Education) 16CF355 $50.00 as a court cost pursuant to section 775.083(2), Florida Statutes (Crime Prevention (BOCC)) 16CF355 Xx $20.00 as a court cost pursuant to section 938.06, Florida Statutes (Crime Stopper Trust Fund and Fee) 16CF355 $225.00 as a court cost pursuant to section 938.05, Florida Statutes (Additional court cost (CJF)) 16CF355 $65.00 as a court cost pursuant to section 939.185(1)(a), Florida Statutes (Additional costs (BOCC) — Programs) 16CF355 x] $100.00 as a court cost pursuant to section 938.27(8), Florida Statutes (Cost of Prosecution) PER CASE $100.00 as a court cost pursuant to section 938.25, Florida Statutes (FDLE Operating Trust Fund Fee) $151.00 as a court cost pursuant to section 938.10, Florida Statutes (Crimes Against Minors) C] $151.00 as a court cost pursuant to section 938.085, Florida Statutes (Rape Crisis Trust Fund) $201.00 as a court cost pursuant to section 938.08, Florida Statutes (Domestic Violence Trust Fund) A sum of $100.00 pursuant to section 27.562, Florida Statutes (Court Appointed Counsel Fees) PER CASE $50.00 pursuant to sections 27.525 and 938.29, Florida Statutes (Affidavit of Indigent Status Application Fee) Restitution in accordance with Court's pronouncement: Other: OUTSTANDING FINES AND COURT COSTS REFERRED TO COLLECTIONS.
AND ORDERED in open court in Okaloosa County, Florida, on the 31° day of MARCH 2016 and signed of A □□□ , 2016.
MICHAEL A. FLOWERS _ Circuit Judge
Page 2 of 6
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FINGERPRINTS OF DEFENDANT
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: BY 6g . 00S : taken by: Name 4 PTeve_lh ):Akams Pye} Title: DEPUTY SHERIFF | HEREBY CERTIFY that the above and foregoing fingerprints on this judgment are the of the defendant, wy id Ag 4) Q L lin Jobs ir) , and that they placed thereon by the defendant in my presence in open court this date.
and ORDERED in open court in Okaloosa County, Florida this 31°'_ day of _MARCH, 2016.
ote MICHAEL A. FLOWERS 5 CIRCUIT JUDGE
Defender MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006 AMENDED SENTENCE (As to Count(s): ALL COUNTS) The defendant, being personally before this court, accompanied by the defendant's attorney of record, LISA RIVERS, ESQ., and having been adjudicated guilty herein, and the court having given the defendant an opportunity to be heard and to offer matter in mitigation of sentence, and to show cause why the defendant should not be sentenced as provided by law, and no cause being shown. (Check one if applicable) and the Court having on deferred imposition of sentence until this date (date) LJ and the Court having previously entered a judgment in this case on now re-sentences the defendant X and the Court having placed the defendant on probation and having subsequently revoked the defendant’s probation. 15CF2644 It is the Sentence of the Court that: [] The defendant pay a fine in the amount of $ , Pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of Okaloosa County, Florida. 15CF2644 (CT 1); 16CF355 (CT 2) [] The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (Check One; unmarked sections are inapplicable): [] For aterm of natural life. For a term of 5 YEARS (15CF2644 (CT 2); 11 MONTHS 29 DAYS (15CF2644 (CT 1); 10 YEARS (16CF355 (CT 1); TIME SERVED (16CF355 (CT 2). [] Said SENTENCE SUSPENDED for a period of subject to conditions set forth in this order. If a split sentence, complete the appropriate paragraph. [] Followed by a period of on probation under the supervision of the Department of Corrections according to the terms and conditions of supervision set forth in a separate order entered herein.
[] However, after serving a period of imprisonment in , the balance of the sentence shall be suspended and the defendant shall be placed on probation for a period of under the supervision of the Department of Corrections according to the terms and conditions of probation set forth in a separate order entered herein.
In the event the defendant is ordered to serve additional split sentences, all incarceration portions shall be satisfied before the defendant begins service of the supervision terms.
Page 4 of 6
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006 SENTENCE (As to Count(s): ALL COUNTS) The defendant, being personally before this court, accompanied by the defendant's attorney of record, LISA RIVERS, ESQ., and having been adjudicated guilty herein, and the court having given the defendant an opportunity to be heard and to offer matter in mitigation of sentence, and to show cause why the defendant should not be sentenced as provided by law, and no cause being shown. (Check one if applicable) and the Court having on deferred imposition of sentence until this date (date) C] and.the Court having previously entered a judgment in this case on now re-sentences the defendant Bd and the Court having placed the defendant on probation and having subsequently revoked the defendant's probation. 15CF2644 is the Sentence of the Court that: [-] The defendant pay a fine in the amount of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of Okaloosa County, Florida. 15CF2644 (CT 1); 16CF355 (CT 2) [-] The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. Be Imprisoned (Check One; unmarked sections are inapplicable): (_] For a term of natural life. For a term of 5 YEARS (15CF2644 (CT 2): 1 YEAR (15CF2644 (CT 1): 10 YEARS (16CF355 (CT 1): TIME SERVED (16CF355 (CT 2). Said SENTENCE SUSPENDED for a period of subject to conditions set forth in this order. f a split sentence, complete the appropriate paragraph. Followed by a period of on probation under the supervision of the Department of Corrections according to the terms and conditions of supervision set forth in a separate order entered herein.
[-] However, after serving a period of imprisonment in , the balance of the sentence shall be suspended and the defendant shall be placed on probation for a period of under the supervision of the Department of Corrections according to the terms and conditions of probation set forth ina separate order entered herein.
n the event the defendant is ordered to serve additional split sentences, all incarceration portions shall be satisfied before he defendant begins service of the supervision terms.
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006
SPECIAL PROVISIONS (As to Count(s): ALL COUNTS ) appropriate notation, the following provisions apply to the sentence imposed:
Provisions: [] Itis further ordered that the_3 year minimum imprisonment provisions of section 775.087(2\(a), Florida Statutes, is hereby imposed for the sentence specified in this count. Trafficking [-] It is further ordered that the mandatory minimum imprisonment provisions of Section 893.135(7) Florida Statutes, is hereby imposed for the sentence specified in this count. Substance 1,000 Feet of School □□□ It is further ordered that the 3-year minimum imprisonment provisions of section 893.13(1)(e)1, Florida Statutes, is hereby imposed for the sentence specified in this count. Felony Offender The defendant is adjudicated a habitual felony offender and has been sentenced to an extended term in accordance with the provisions of section 775.084(4)(a), Florida Statutes. The requisite findings by the court are set forth in a separate order or stated on the record in open court. 16CF355 Violent [_] The defendant is adjudicated a habitual violent felony offender and has been Offender Sentenced to an extended term in accordance with the provisions of section 775.084(4)(b), Florida Statutes. A minimum term of year(s) must be served prior to release. The requisite findings of the Court are set forth in a separate order or stated on the record in open court. Enforcement [-] It is further ordered that the defendant shall serve a minimum of year(s) Act before release in accordance with section 775.0823, Florida Statutes. Offense [-] itis further ordered that the defendant shall serve a life sentence without the possibility of parole in accordance with Florida Statute 775.082. Rifle (] itis further ordered that the minimum provisions of section 790.221(2), Florida Machine Gun Statutes, are hereby imposed for the sentence specified in this count. Criminal [-] further ordered that the 25 year minimum sentence provisions of section 893.20, Florida Statutes, are hereby imposed for the sentence specified in this count. aLaw Enforcement [_] It is further ordered that the 3-year mandatory minimum imprisonment provision of Firearm section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count. Predator [] The defendant is adjudicated a sexual predator as set forth in section 775.21, F.S. Offender [_] The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1 (a)la., b., c., ord.
Page 5 of 6
Defender MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006
Provisions: of Jurisdiction [-] The Court retains jurisdiction over the defendant pursuant to section 947.16(3), Florida Statutes. Credit [X] It is further ordered that the defendant shall be allowed a total of 122 (15CF2644); 47 (16CF355) days as credit for time incarcerated before imposition of this sentence. Credit [] It is further ordered that the defendant will be allowed credit for all time previously served on this count in the Department of Corrections prior to re-sentencing. It is further ordered that sentence imposed for count 2 (15CF2644) shall run concurrent with the sentence set forth in counts 1 (15CF2644) & 2 (16CF355). EJ itis further ordered that sentence imposed for count 4 (16C F355) shall run consecutive to the sentence set forth in count 2 (15CF 2644) but concurrent FOR A TOTAL OF 15 YEARS
to Other Convictions [] further ordered that the composite term of all sentences for the counts specified in this order shall run (check one): [_] consecutive to [-] concurrent with the following (check one): [_] Any active sentence being served. [|] Specific sentences: in the event the above sentence is to the Department of Corrections, the Sheriff of Okaloosa Countyis hereby and directed to deliver the defendant to the Department of Corrections at the facility designated by the together with a copy of this judgment and sentence and any other documents specified by Florida Statutes. The defendant in open court was advised of the right to appeal from this sentence by filing notice of appeal within (30) days from this date with the clerk of this Court and the defendant's right to the assistance of counsel in taking appeal as the expense of the state on showing indigency. In imposing the above sentence, the court further orders: DONE AND ORDERED in open court at Okaloosa County, Florida this 31° day of MARCH 2016 and signed his day of Alyx , 2016.
MICHAEL A. FLOWERS — Circuit Judge
Page 6 of 6
OL WW OURO CLEMGL GU. NGNudL G¥alighwLY aus ://wew.de. state. fl.us/pub/sen_cpm/index. html DATE |2.PREP'S NAME SAO |3.COUNTY SENTENCING JUDGE | TORRES | OKALOOSA |FLOWERS, M (LAST, FIRST,MID,SUF) (6. DOB (8. RACE [1O.PRI. OFF. DATE | 12. MATTHEW, (06/20/1982 | WHITE 02/13/2016 | | | __! | PLEA | DOCKET # (7.00 4 □□□ GENDER |LL.PRIMARY DOCKET #} | P34138 IMALE (1600355 tt OFFENSE: Qual.,check AS CR (A=Att,S=Solic,C=Consp, R=Recls) DESCRIPTION OFFENSE POINTS LEVEL (A,B, D BURG/DWELL/OCCUP. CONVEY 07 ~ Points: 1=4,2=10,3=16,4=22,5=28, 6=36, 7=56,8=74, 9=92,10=116) capital felony triples Primary Offense points - NO. I. 56.0 OFFENSE (S): Supplemental page attached ~ NO FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL MISDEME 741.31 (A) M O01 X 0.20 = 0.2 VIOL DOM VIOLENCE INJUNCT UC#: 3RD DEG 810.09(2) (C) 03 2.4 = 2,4 TRESPASS PROPERTY ARMED UC#: MISDEME 806.13 M O01 X 0.2 = 0.2 CRIMINAL MISCHIEF-MISD UCH: 6=18, 7=28,8=37, 9=46, 10=53) capital felony triples Add. Off. points - NO Suppl. page points 0.0 Il. 2.8 VICTIM INJURY Number Total Number Total Deg. Murder 240 X 0.0 = 0.0 Slight 4X 0.0 = 0.0 120 % 0.0 = 0.0 Sex Penet. 80 X 0.0 = 0.0 40 x 0.0 = 0.9 Sex Cont. 40 % 0.0 = 0.9 18 X 0.0 = 0.0 Tif. 0.0 PRIOR RECORD: Supplemental page attached - YES OFFENSE QUAL DESCRIPTION NBR PTS TOTAL LEVEL ASCR 832 OL WORTHLESS CHECKS 002 0.5 = 1.0 {B)3 02 CRIMINAL MISCHIEF/P O01 X 0.8 = 0.8 843.01 © 05 RESISTING OFFICER W001 X 3.6 = 3.6 784.07 (2) (B) 04 BATT .LEO/FIRFGT/EMS 002 X 2.4 = 4.8 05 TRAFFIC IN STOLEN P O01 X 3.6 = 3.6 316.193 M DUI-MISD. OOL X 0.2 = 0.2 914.22(1) (BE) 04 INTIMIDATE/FORCE WI O01 X 2.4 = 2.4 7=14, 8=19, 9=23, 10=29) Supplemental page points: 5.0 on mS Page 1 Subtotal: 80.2 ms NS ae ois Date: For offenses committed under the Criminal Punishment Code we a □□ for offenses committed on or after October 1, 1998, and subsequent ke me a OO og 3 □□ opp eel
(LAST, MT) [DOCKET # MATTHEW, /1600355 ~~ Page 1 Subtotal: 80.2 Legal Status violation = 4 Points ¥. 0.0 ‘Failure to appear — Fleeing Supersedeas bond Pretrial Intervention or diversion Program Imposed or post prison release community supervision in a conviction Community Sanction violation before the court for sentencing VI. 24.0 Community Control — Pretrial Intervention or diversion 6 points for any violation other than new felony conviction x __. #ach successive violation OR New felony conviction = 12 points x each successive violation if new offense results in conviction before or at the same time as sentence for violation of probation OR ig Points x each successive violation for a violent felony offender of special concern when the violation is not based solely on failure to pay costs, restitution OR New felony conviction = 24 points x each successive violation for a violent felony offender of special concern if new offense results in a conviction before or at the same for violation of probation Firearm/Semi~Automatic or Machine Gun = 18 or 25 points VII. 0.0 Prior Serious Felony = 30 Points VIII, 0.0 Subtotal Sentence Points 104.2 Enhancements (only if the primary offense qualifies for enhancement) | Drug {Motor Vehicle] Criminal | Domestic |Adult~on-Minor| Trafficker! Theft |Gang Offense! Violence in | Sex Offense | | ithe Presence | (offenses | of | committed = | | | {Related Child | on or after | | {offenses | 10/01/2914) | | | | committed | | | | | on or after | | | | 03/12/2007) | | | | | | | 81.5 X15 □□□ 2.0 Enhanced Subtotal Sentence Points IX, 0.0 TOTAL SENTENCE POINTS 104.2
Vales fOr OL1lenses COMMitted unaer tne UPiMinal runishment Voae for offenses committed on or after October 1, 1998, and subsequent
SENTENCE COMPUTATION total sentence points are less than or equal to 44, the lowest permissible | 1s any non-state prison sanction. If the total sentence points are | points or less, see Section 775.082(10), Florida Statutes, to determine if court must sentence the offender to a non-state prison sanction. { total sentence points are greater than 44: 104.2 minus 28 = 716.2% .75 = 57,1 sentence points lowest permissible prison | sentence in months total sentence points are 60 points or less and court makes findings to both Florida Statutes 948.20 and 397.334(3), the court may place | defendant into a treatment~based drug court program.
Maximum sentence is up to the statutory maximum for the primary and any offenses as provided in 3.775.082, F.S., unless the lowest sentence under the code, exceeds the statutory maximum. Such may be imposed concurrently or consecutively. If total sentence are greater than or equal to 363, a life sentence may be imposed. 20.0 maximum sentence \ in years
TOTAL SENTENCE IMPOSED Years Months Days State Prison life \C ) _ County Jail _. Time Served | ee Community Control ce Probation —__ oa check if sentenced as W habitual offender, habitual violent offender, violent career criminal, prison releasee reoffender, or a mandatory applies. Departure Plea Bargain __—s Prison Diversion Program ee
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BML Ma OG WM LL UO LR UN UL a for offenses committed on or after October 1, 1998, and subsequent > " RULE (b) CRIMINAL PUNISHMENT CODE SUPPLEMENTAL SCORESHEET {LAST, FIRST, MIDDLE, SUFFIX) | DOCKET | UNIFORM CASE NUMBER |DATE OF SENT) MATTHEW, (1600355 | | 03/31/2016 | |
OFFENSE (S): E.S.4 OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL 493.6, 5=5.4, 6=18, 7=28, §=37, 9946, 10=58) It. 0.0 PRIOR RECORD: OFFENSE QUAL DESCRIPTION NBR PTS TOTAL LEVEL — ASCR MISDEMEANOR M MISDEMEANOR O14 X 0.2 2 2.8 6812.014(3) (A) M PETIT-THEET-MISD 002% 0.2 = 0.4 741.31 (A) M VIOL DOM VIOLENCE I 002 X 0.2 0.4 6810.08 M TRESPASS-MISD O01 ¥ 0.2 = 0.2 M POSS.DRUG PARAPHERN 001 X 0.2 = 0.2 893.13(6) (B) M POSSES MARIJUANA-MI 001 X 0.2 = 0.2 322,34 M DRIVE W/LIC, S/R/C/ 004 X 0.2 = 0.8 593.6, 629, 7=14, 8=19,9=23,10=29) IV, 5.9 Reasons for Departure - Mitigating Circumstances (reasons may be checked here or written on the scoresheet} uncoerced plea bargain defendant was an accomplice to the offense and was a relatively minor in the criminal conduct. capacity of the defendant to appreciate the criminal nature of the conduct to conform that conduct to the requirements of law was substantially
defendant requires specialized treatment for a mental disorder that is to substance abuse or addiction, or for a physical disability, and defendant is amenable to treatment. need for payment of restitution to the victim outweighs the need for a sentence. victim was an initiator, willing participant, aggressor, or provoker of incident. defendant acted under extreme duress or under the domination of another
the identity of the defendant was determined, the victim was compensated. defendant cooperated with the State to resolve the current offense or any offense. offense was committed in an unsophisticated manner and was an isolated for which the defendant has shown remorse, the time of the offense the defendant was too young to appreciate the of the offense. defendant is to be sentenced as a youthful offender. defendant 1s amenable to the services of a postadjudicatory treatment- drug court program and is otherwise qualified to participate in the
defendant was making a good faith effort to obtain or provide medical for an individual experiencing a drug-related overdose. to 921.0026(3) the defendant's substance abuse or addiction does not a downward departure from the lowest permissible sentence, except for of $.921.0026(2) (m). Date: For offenses committed under the Criminal Punishment Code for offenses committed on or after October 1, 1998, and subsequent
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR OKALOOSA COUNTY, FLORIDA PA 2 0g
STATE OF FLORIDA, Our ant Plaintiff, v. Case Nos.: 2015-CF-2644 2016-CF-0355 MATTHEW ALLEN TOBIN, Defendant.
i ORDER DISMISSING DEFENDANT’S MOTION FOR POSTCONVICTION RELIEF □□ THIS CAUSE is before the Court on Defendant’s pro se Motion for Postconviction Relief timely filed on September 15, 2016, pursuant to Florida Rule of Criminal Procedure 3.850. Having reviewed the motion and applicable law, the Court finds that the motion is facially insufficient because it does not comply with the content requirements of rule 3.850(c). See, e.g., Fla. R. Crim. P. 3.987. Accordingly, it is ORDERED AND ADJUDGED that Defendant’s Motion for Postconviction Relief is DISMISSED WITHOUT PREJUDICE to file a facially sufficient amended motion within 60 days of the date of service of this order. Defendant has no right to appeal this order until entry of a final order. DONE AND ORDERED in Chambers at the Okaloosa County Courthouse Annex Extension, Fort Walton Beach, Florida, this / 7 day of Jw , 2016.
MICHAEL A. FLOWERS CIRCUIT JUDGE
Page 1 of 2
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing Order Dismissing Defendant’s Motion for Postconviction Relief was furnished via regular U.S. Mail (unless otherwise indicated) to:
Matthew A. Tobin (DC#P34138) Walton Correctional Institution 691 Institution Road DeFuniak Springs, Florida 32433 Kimberly C. Torres, Assistant State Attorney 151 Cedar Avenue Crestview, Florida 32536 (via electronic delivery)
this day of 12/18/2016 , 2016.
JD PEACOCK II, Clerk of Court
Deputy Clerk
Page 2 of 2
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR OKALOOSA COUNTY, FLORIDA
STATE OF FLORIDA, Plaintiff, v. Case No.: 2016 CF 000355C MATTHEW A. TOBIN, Defendant.
ORDER DISMISSING DEFENDANT?’S “MOTION FOR RE-SENTENCING”
THIS MATTER is before the Court on Defendant’s pro se “Motion for Re-sentencing,” filed on October 6, 2017. Defendant requests that the Court modify his sentence to time served. Based on the relief requested, the Court treats the motion as a motion to modify sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Having reviewed the motion, the record, and applicable law, the Court concludes that the motion should be dismissed as untimely. Defendant was sentenced on March 31, 2016.' He did not appeal. When no appeal is taken, the Court may only reduce or modify a legal sentence imposed by it within 60 days after the imposition of the sentence. See Fla. R. Crim. P. 3.800(c); Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011). The instant motion was filed more than a year after Defendant was sentenced. Therefore, the Court does not have jurisdiction to modify Defendant’s sentence. See Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999).
' Exhibit A.
Accordingly, it is ORDERED AND ADJUDGED that Defendant’s Motion for Re- sentencing is DISMISSED. DONE AND ORDERED in Chambers at the Okaloosa County Courthouse Annex Extension, Fort Walton Beach, Florida. th
f eSigned by CIRCUIT COURT JUDGE MICHAEL occ? 9 10/12/2017 14:48:07 NcauimE MICHAEL A. FLOWERS CIRCUIT JUDGE MAF/krw
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing Order was furnished via e-Service (unless otherwise indicated) to:
Matthew A. Tobin DC# P34138 Okaloosa Correctional Institution 3189 Colonel Greg Malloy Road Crestview, FL 32539 (via U.S. Mail) Kimberly C. Torres Assistant State Attorney 151 Cedar Avenue Crestview, Florida 32536 oka-div006@sa0 |. org
eSigned by Cher! sary on 10/13/2017 10:09:12 Lt2vyeNa
EXHIBIT A
Communi ty Control Violator in the Circuit Court, First Judicial Circuit, in Retrial ciyes and for Okaloosa County, Florida Re-Sentencing Poe nee ee we PLO TE Division 006 of Florida QoS PED 19 Ww) on SEA LO OPT of 28 Case Number(s)158CF2644; 16CF355 C . ee MATTHEWALLENTOBIN cen 560 W. JAMES LEE BLVD EP Whoo oy CRESTVIEW, FL 06-20-1982 JUDGMENT The defendant MATTHEW ALLEN TOBIN, being personally before this court represented by LISA RIVERS, O.R.C., the attorney of record, and the state represented by KIMBERLY C. TORRES, ESQ,, and having been tried and found guilty by jury of the following crime(s) [_] entered a plea of guilty to the following crime(s) >] entered a plea of nolo contendere to the following crime(s) Freee | Offense | | | Statute | □□□ | Case =o | Crime Number(s) Lo Crime | Number | Number VIOLATION GF INJUNCTION FOR PROTECTION eee eee 1 | AGAINST DOMESTIC VIOLENCE □ 741.34 / 1M | 18CF2644 | 4602073418 TRESPASS ON PROPERTY OTHER a 2 THAN STRUCTURE OR CONVEYANCE 810.09(2C) | oF | 1SCF2644 | 4602073418 URGLARY OF AN UNOCCUPIED DWELLID NG) 810.0288) 2FF6 F365 | 4602073227 CRIMINAL MISCHIEF ($200 ORLESS) 806.13(1B1) | 2M 46CF355° 4602073227 fn i
and no cause being shown why the defendant should not be adjudicated guilty, IS ORDERED THAT the defendant is hereby ADJUDICATED GUILTY of the above crime(s). and being a qualified offender pursuant to $.943.325, the defendant shall be required to submit DNA samples as required by law. and good cause being shown; IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD.
AND ORDERED ip open court in Okaloosa County, Florida, on the 31“ day of MARCH 2016 and signed & i “Gay of BY 2016. MICHAEL A. FLOWERS Circuit Judge Page 1 of 6
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644: 2016 CF 000355 C 006 CHARGES/COSTS/FEES
defendant is hereby ordered to pay the following sums if checked: $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust Fund) 16CF355 $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund) 16CF355 $2.00 as a court cost pursuant to section 938.15, Florida Statutes (Local Law Enforcement Education) T6CF355 $50.00 as a court cost pursuant to section 775.083(2), Florida Statutes (Crime Prevention (BOCC)) 16CF355 $20.00 as a court cost pursuant to section 938.06, Florida Statutes (Crime Stopper Trust Fund and Fee) 16CF355 bd $225.00 as a court cost pursuant to section 938.05, Florida Statutes (Additional court cost (CJF)) 16CF355 $65.00 as a court cost pursuant to section 939.185(1)(a), Florida Statutes (Additional costs (BOCC) - Programs) T6CF355 $100.00 as a court cost pursuant to section 938.27(8), Florida Statutes (Cost of Prosecution) PER CASE $100.00 as a court cost pursuant to section 938.25, Florida Statutes (FDLE Operating Trust Fund Fee} $151.00 as a court cost pursuant to section 938.10, Florida Statutes (Crimes Against Minors) $151.00 as a court cost pursuant to section 938.085, Florida Statutes (Rape Crisis Trust Fund) $201.00 as a court cost pursuant to section 938.08, Florida Statutes (Domestic Violence Trust Fund) A sum of $100.00 pursuant to section 27.562, Florida Statutes (Court Appointed Counsel Fees) PER CASE $50.00 pursuant to sections 27.525 and 938.29, Florida Statutes (Affidavit of indigent Status Application Fee) Restitution in accordance with Court's pronouncement: Other: OUTSTANDING FINES AND COURT COSTS REFERRED TO COLLECTIONS.
AND ORDERED in open court in Okaloosa County, Florida, on the 31 day of MARCH 2016 and signed day of ffl 2016. LE enn a earns pee MICHAEL A. FLOWERS Circuit Judge
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006 SENTENCE (As to Count(s): ALL COUNTS) The defendant, being personally before this court, accompanied by the defendant's attorney of record, LISA RIVERS. and having been adjudicated guilty herein, and the court having given the defendant an opportunity to be heard and to offer matter in mitigation of sentence, and to show cause why the defendant should not be sentenced as provided by law, and no cause being shown. (Check one if applicable) and the Court having on deferred imposition of sentence until this date (date) and the Court having previously entered a judgment in this case on now re-seritences the defendant and the Court having placed the defendant on probation and having subsequently revoked the defendant's probation. 15CF2644 is the Sentence of the Court that: The defendant pay a fine in the amount of $ , pursuant to section 775.083, Florida Statutes, plus $ as the 5% surcharge required by section 938.04, Florida Statutes. The defendant is hereby committed to the custody of the Department of Corrections. Dd The defendant is hereby committed to the custody of the Sheriff of Okaloosa County, Florida. 45CF2644 (CT 1); 16CF355 (CT 2} The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. Be imprisoned (Check One; unmarked sections are inapplicable): For aterm of natural life. a term of 5 YEARS (15CF2644 (CT 2): 1 YEAR (15CF2644 (CT 1); 10 YEARS (16CF355 (CT 1), TIME SERVED (16CF355 (CT 2). [] Said SENTENCE SUSPENDED for a period of subject to conditions set forth in this order. split sentence, complete the appropriate paragraph. L] Followed by a period of on probation under the supervision of the Department of Corrections according to the terms and conditions of supervision set forth in a separate order entered herein.
However, after serving a period of imprisonment in , the balance of the sentence shall be suspended and the defendant shall be placed on probation for a period of under the supervision of the Depariment of Corrections according to the terms and conditions of probation set forth ina separate order entered herein.
nthe event the defendant is ordered to serve additional split sentences, all incarceration portions shall be satisfied before defendant begins service of the supervision terms.
MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644: 2016 CF 000355 C 006
SPECIAL PROVISIONS (As to Count(s): ALL COUNTS } appropriate notation, the following provisions apply to the sentence imposed:
Provisions: [-] itis further ordered that the_3 year minimum imprisonment provisions of section 775.087(2)(a), Florida Statutes, is hereby imposed for the sentence specified in this count. Trafficking [-] It is further ordered that the mandatory minimurn imprisonment provisions of Section 893.135(1) Florida Statutes, is hereby imposed for the sentence specified in this count. Substance 1,000 Feet of School It is further ordered that the 3-year minimum imprisonment provisions of section 893.13(1 fe)1, Florida Statutes, is hereby imposed for the sentence specified in this count. Felony Offender bd The defendant is adjudicated a habitual felony offender and has been sentenced to an extended term in accordance with the provisions of section 775.084(4\a), Florida Statutes. The requisite findings by the court are set forth In a separate order or stated on the record in open court. 16CF355 Violent C] The defendant is adjudicated a habitual violent felony offender and has been Offender Sentenced to an extended term in accordance with the provisions of section 775,084(4\(b), Florida Statutes. A minimum term of year(s) must be served prior to release. The requisite findings of the Court are set forth in a separate order or stated on the record in open court. Enforcement [-] {tis further ordered that the defendant shall serve a minimum of year(s) Act before release in accordance with section 775.0823, Florida Statutes. Offense [|] itis further ordered that the defendant shall serve a life sentence without the possibility of parole in accordance with Florida Statute 775.082. Rifle [-] It is further ordered that the minimum provisions of section 790.221(2), Florida Machine Gun Statutes, are hereby imposed for the sentence specified in this count. Criminal [-] it is further ordered that the 25 year minimum sentence provisions of section 893.20, Florida Statutes, are hereby imposed for the sentence specified in this count. aLaw Enforcement itis further ordered that the 3-year mandatory minimum imprisonment provision of Firearrn section 775.0875(1), Florida Statutes, is hereby imposed for the sentence specified in this count. Predator {_] The defendant is adjudicated a sexual predator as set forth in section 775.21, F.S. Offender (_] The defendant meets the criteria for a sexual offender as set forth in section §43.0435(1 fajia., b., c., ord.
Defender MATTHEW ALLEN TOBIN Case Number(s)2015 CF 002644; 2016 CF 000355 C 006
Provisions: Retention of Jurisdiction [_] The Court retains jurisdiction over the defendant pursuant to section 947 □□□□□□ Florida Statutes. Credit it is further ordered that the defendant shall be allowed a total of 122 (45CF □□□□□□ 47 (16CF355) days as credit for time incarcerated before imposition of this sentence. Credit [-] itis further ordered that the defendant will be allowed credit for all time previously served on this count in the Department of Corrections prior to re-sentencing. [it is further ordered that sentence imposed for count 2 (18CF2644) shall run concurrent with the sentence sel forth in counts 1 (15CF2644) & 2 (16CF □□□□□ (J it is further ordered that sentence imposed for count 1 (1GC F355) shall run consecutive to the sentence set forth in count 2 (15CF2644) but concurrent FOR A TOTAL OF 15 YEARS
to Other Convictions [] {tis further ordered that the composite term of all sentences for the counts specified in this order shall run (check one): consecutive to [] concurrent with the following (check one): [_] Any active sentence being served. ["] Specific sentences: in the event the above sentence is to the Department of Corrections, the Sheriff of Okaloosa Countyis hereby and directed to deliver the defendant to the Department of Corrections at the facility designated by the together with a copy of this judgment and sentence and any other documents specified by Florida Statutes. The defendant in open court was advised of the right to appeal from this sentence by filing notice of appeal within (30) days from this date with the clerk of this Court and the defendant's right to the assistance of counsel in taking appeal as the expense of the state on showing indigency. In imposing the above sentence, the court further orders: DONE AND ORDERED in open court at Okaloosa County, Florida this 31° day of MARCH 2016 and signed his [+f ~ day of Kip “i 2016.
MICHAEL A FLOWERS ~~ Circuit Judge
JD PEACOCK I eee De □□ □□□□ gy □ CLERK OF CIRCUIT COURT AND COMPTROLLER, OKALOOSA COUNTY, FLORIDA Cog □□□ □□□□ □□ □ □□□□□□
MEMORANDUM
STATE OF FLORIDA VS. MATTHEW TOBIN Case No.(s:) 2015 CF 002644 C 2016 CF 000355 C The Court
Date: October 6, 2017
The above referenced defendant has filed the following motion(s) or request(s) for judicial attention with the court: The Clerk’s office has received your request and it is being processed,
MEMO TO: MATTHEW TOBIN P#34138 OKALOOSA CORRECTIONAL INSTITUTION 3189 COL. GREG MALLORY RD. CRESTVIEW, FL 32539
R T — CLERK OF COURT OPERATIONS CENTER @ 601-BN.PEARE Si. @ CRESTVIEW. FLORIDA 32536 @ (850) 689-5000 BPLY aE. ANNEN EXTENSION @ 1940 LEWIS TURNER BEVb. @ FoR? WAL PON BEACH. FLORIDA 32547 @ (8350) 651-7200 Wasitus onthe hite: wwweokaloosaclerk.com
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Cite This Page — Counsel Stack
Matthew A. Tobin v. Ricky D. Dixon, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-a-tobin-v-ricky-d-dixon-flnd-2026.