ORLIER SUAREZ ALBO v. THE STATE OF FLORIDA
This text of ORLIER SUAREZ ALBO v. THE STATE OF FLORIDA (ORLIER SUAREZ ALBO v. THE STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed May 24, 2023. Not final until disposition of timely filed motion for rehearing.
No. 3D23-649 Lower Tribunal No. F13-27250
Orlier Suarez Albo, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Orlier Suarez Albo, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, C.J., and HENDON and GORDO, JJ.
PER CURIAM. Affirmed. See Persaud v. State, 838 So. 2d 529, 531-32 (Fla. 2003)
(“[The Florida Supreme Court] does not have jurisdiction to review per curiam
decisions of the district courts of appeal that merely affirm with citations to
cases not pending review in [the court.]”); Beaty v. State, 701 So. 2d 856, 857
(Fla. 1997) (holding that where the District Court of Appeal issues an opinion
with a citation to a case or cases that are not pending before the Florida
Supreme Court, the time for filing a rule 3.850 motion begins to run from the
time that the District Court issues its mandate and is not affected by a petition
before the Florida Supreme Court seeking discretionary review.).
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