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WILLIAM CLYDE SPENCE v. STATE OF FLORIDA

Citation: Not availableDocket: 18-4040

Court: District Court of Appeal of Florida; August 9, 2019; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

William C. Spence filed an appeal against the State of Florida, represented pro se, in the District Court of Appeal of Florida, Second District, under Case No. 2D18-4040. The opinion was issued on August 9, 2019, following an appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Pinellas County, presided over by Judge Philip J. Federico. The court affirmed the lower court's decision with a per curiam ruling, and Justices Villanti, Sleet, and Badalamenti concurred in the decision. The document notes that the ruling is not final until the time to file a rehearing motion expires or is resolved by the court.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: The appellate court upheld the decision of the Circuit Court for Pinellas County, indicating agreement with the findings and conclusions of the lower court.

Reasoning: The court affirmed the lower court's decision with a per curiam ruling, and Justices Villanti, Sleet, and Badalamenti concurred in the decision.

Appellate Procedure under Florida Rule of Appellate Procedure 9.141(b)(2)

Application: This rule governs the procedure for appeals in criminal cases where the appellant is proceeding pro se, as in the case of William C. Spence against the State of Florida.

Reasoning: The opinion was issued on August 9, 2019, following an appeal pursuant to Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Pinellas County.

Finality of Appellate Court Rulings

Application: The ruling is not considered final until the opportunity to file a motion for rehearing has expired or such a motion has been resolved, highlighting the procedural aspect of appeal finality.

Reasoning: The document notes that the ruling is not final until the time to file a rehearing motion expires or is resolved by the court.