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DEANDRE OLIVER vs STATE OF FLORIDA

Citation: Not availableDocket: 22-2142

Court: District Court of Appeal of Florida; August 8, 2023; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Deandre Oliver appealed a decision from the Circuit Court for Volusia County, presided over by Judge Dawn D. Nichols, under case number 2021-100562-CFDL. The District Court of Appeal of Florida, Fifth District, affirmed the lower court's ruling on August 8, 2023. The case involved representation by Matthew J. Metz and Teresa D. Sutton of the Public Defender's Office for the appellant, while the appellee, represented by Attorney General Ashley Moody and Assistant Attorney General Allison L. Morris, upheld the state's position. The decision was made per curiam, with Judges Lambert, Jay, and Boatwright concurring. The ruling remains non-final until the deadline for filing a motion for rehearing expires.

Legal Issues Addressed

Affirmation of Lower Court Decision

Application: The District Court of Appeal affirmed the decision made by the Circuit Court for Volusia County, indicating that the appellate court found no reversible error in the lower court's ruling.

Reasoning: The District Court of Appeal of Florida, Fifth District, affirmed the lower court's ruling on August 8, 2023.

Non-Finality of Appellate Decisions

Application: The appellate decision remains non-final until the deadline for rehearing motions passes, allowing parties the opportunity to request reconsideration.

Reasoning: The ruling remains non-final until the deadline for filing a motion for rehearing expires.

Per Curiam Decision

Application: The decision was issued per curiam, indicating a unanimous and unsigned decision by the judges involved, reflecting agreement among the judges without the need for a detailed opinion.

Reasoning: The decision was made per curiam, with Judges Lambert, Jay, and Boatwright concurring.

Representation by Public Defender

Application: The appellant, Deandre Oliver, was represented by the Public Defender's Office, reflecting the provision of legal representation for defendants unable to afford private counsel.

Reasoning: The case involved representation by Matthew J. Metz and Teresa D. Sutton of the Public Defender's Office for the appellant.

State Representation in Appeals

Application: The state was represented in this appeal by the Attorney General and Assistant Attorney General, demonstrating the state's resources in upholding lower court decisions.

Reasoning: The appellee, represented by Attorney General Ashley Moody and Assistant Attorney General Allison L. Morris, upheld the state's position.