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2nd DCA Per Curiam decision involving a 3.800 Motion. Indigent Pro Se litigant needs advise for Motion for Rehearing.

Auburndale, FL |

Court cited Guilford v. State, 88 So. 3d 998 (Fla 2d DCA 2012). Although Guilford maintains that his claim could be resolved from the face of the record in accordance with rule 3.800(a), “[a]ny error in the court's consideration of certain factors in imposing sentence is an error in the sentencing process.” The first of my two claims involves the States use of the extensive criminal history of another man in lieu of a PSI (first-time felony offender), and my second claim involves the fact the State sentenced me to 10 yrs for a 3rd degree felony offense, derived from a single criminal episode. I cited numerous case law for both claims. including Mitchell v. State 381 So.2d 760. State v. Paul, 934 So.2d 1167, 1171 (Fla.2006). I'm a Pro Se litigant - I cannot afford to hire an attorney.

Attorney Answers 4

Posted

Why do you want to ask for rehearing? It is seldom appropriate.

If the court ruled against you because it actually, really, honestly misunderstood your argument or the facts of the case, then rehearing is the proper remedy.

If the court understood your argument and just didn't buy it, which is the case 99.9% of the time, then you should not ask for rehearing. Either ask for leave to appeal to a higher court if such appeal is available, or accept the reality that you have lost your appeal. It happens to the best of us.

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Posted

Rehearing is never appropriate on PCAs without opinions. lawyers are sanctioned for filing them. I suppose a pro se litigant is unlikely to be sanctioned, but it is still a waste of your time and effort.
No further state appellate review is allowed. You might want to consider federal remedies or a rule 3.850 (ineffective assistance of counsel) motion.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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Posted

I agree with the responses from the prior attorneys

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Posted

I am sorry that you find yourself in this position. you need an experienced criminal attorney to review the entirety of the case and set you on the road to possible resolution.
unfortunately with post conviction litigation such as motions under rule 3.850 of the florida rules of criminal procedure, no attorney will be appointed to represent you unless the motion raises such issues that it is incumbent on the court to see that you have legal assistance.

these are work-intensive undertakings. also, it appears that you have set ideas about the issues and matters at issue. you certainly should attempt to retain someone who might give you a payment plan. good luck.

of course, you and i are not forming an attorney client relationship. Representation in Florida Courts and Federal courts nationwide. Argued at the United States Supreme Court,

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