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Derrick Cummings v. State of Florida

Citation: Not availableDocket: 15-5449

Court: District Court of Appeal of Florida; January 7, 2017; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Derrick Cummings appealed a decision from the Circuit Court for Duval County, presided over by Judge Mallory D. Cooper. The case, identified as 1D15-5449, was heard in the District Court of Appeal First District, State of Florida. On January 9, 2017, the appellate court issued an opinion affirming the lower court's order. The appellant was represented by Sonya Rudenstine from Gainesville, while the appellee, the State of Florida, was represented by Attorney General Pamela Jo Bondi and Assistant Attorney General Virginia Harris from Tallahassee. The decision was unanimous, with Judges Makar, Kelsey, and Winsor concurring. The ruling is not final until the time expires for filing a motion for rehearing and the disposition thereof if such a motion is filed.

Legal Issues Addressed

Appellate Review of Circuit Court Decisions

Application: The appellate court conducted a review of the Circuit Court's decision and affirmed the lower court's order.

Reasoning: On January 9, 2017, the appellate court issued an opinion affirming the lower court's order.

Finality of Appellate Court Decisions

Application: The appellate court's decision is not considered final until the expiration of the time allowed for filing a motion for rehearing and the resolution of any such motion.

Reasoning: The ruling is not final until the time expires for filing a motion for rehearing and the disposition thereof if such a motion is filed.

Representation in Criminal Appeals

Application: The appellant, Derrick Cummings, was represented by counsel during the appeal process, ensuring legal representation in the appellate court.

Reasoning: The appellant was represented by Sonya Rudenstine from Gainesville, while the appellee, the State of Florida, was represented by Attorney General Pamela Jo Bondi and Assistant Attorney General Virginia Harris from Tallahassee.