Young claim in Florida

2014The Fifth District adopted the trial court’s reasoning that: Based upon the Supreme Court’s decision in Reeves , the cases cited by defendant, all of which rely upon Hale[ v. State, 630 So.2d 521 (Fla.1993),] as their foundational authority, are called into question.

2001Young next claims he was sentenced in violation of Hale v. State, 630 So.2d 521 (Fla.1993).

2025The trial court granted Young's motion to correct these errors, but the record does not indicate that an amended judgment and sentence was entered. 1 Anders v. California, 386 U.S. 738 (1967).

2017Second Judicial-Circuit Court in Leon County, but reverse as to claim two and remand for further consideration in the Seventh Judicial Circuit Court, in Putnam County to address and rule on Young’s claim that his life sentence is illegal based on the decision in Buford v. State, 403 So.2d 943 (Fla. 1981).

2016See, e.g., Barnes v. State, 124 So.3d 904, 915 (Fla.2013); Barnes v. State, 801 So.2d 989 (Fla. 1st DCA 2001) (reversing summary denial of 3.850 motion where defendant alleged plea was involuntary due to mental'illness and court failed to attach documents that' conclusively refuted his " claims); Young v. State, 789 So.2d 1160, 1162 (Fla. 5th DCA 2001) (“absent a transcript of the plea hearing, Young’s claim that his plea was unknowing has not been conclusively refuted by the record.

2014In Young , the Fifth District rejected Young’s claim on appeal “that the trial court erred in imposing consecutive [PRR] sentences on his five aggravated assault convictions because all of the crimes occurred during the course of a single criminal episode.” Young, 37 So.3d at 389 .

2007See Wagner v. McDonough, 927 So.2d 216 (Fla. 1st DCA 2006); Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

2006The court also found that Mr. Young had failed to meet the second prong of the Strickland, test. 1 In support of the conclusion that Mr. Young’s motion lacked merit, Judge Espi-nosa cited Sanders v. State, 847 So.2d 504 (Fla. 1st DCA 2003), review granted, 905 So.2d 892 (Fla.2005).

2006The court also found that Mr. Young had failed to meet the second prong of the Strickland, test. 1 In support of the conclusion that Mr. Young’s motion lacked merit, Judge Espi-nosa cited Sanders v. State, 847 So.2d 504 (Fla. 1st DCA 2003), review granted, 905 So.2d 892 (Fla.2005).

2002If Young establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So.2d 697 (Fla.1997), the trial court is authorized to award him all or a portion of the reasonable appellate attorney's fees.

2002This Court has stated, "[T]he Ex Post Facto Clause is triggered when a law `increases punishment beyond what was prescribed when the crime was consummated. '" Thomas v. Moore, 748 So.2d 1010, 1011 (Fla.1999) (emphasis in original) (quoting Lynce v. Mathis, 519 U.S. 433, 441 , 117 S.Ct. 891 , 137 L.Ed.2d 63 (1997)).

2002This Court has stated, "[T]he Ex Post Facto Clause is triggered when a law `increases punishment beyond what was prescribed when the crime was consummated. '" Thomas v. Moore, 748 So.2d 1010, 1011 (Fla.1999) (emphasis in original) (quoting Lynce v. Mathis, 519 U.S. 433, 441 , 117 S.Ct. 891 , 137 L.Ed.2d 63 (1997)).

1999Accordingly, because Young’s motion does not indicate that his sentences were concurrent, it fails to affirmatively allege that “the court records demonstrate on their face an entitlement to relief.” See State v. Mancino, 714 So.2d 429, 433 (Fla.1998); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998) AFFIRMED.

1999Cf. Travis v. State, 724 So.2d 119 (Fla. 1st DCA 1998) (reversing and remanding denial of 3.800(a) motion for jail credit “[bjecause the record is clear in this case with regard to the amount of time spent in the Santa Rosa County Jail, as well as the fact that the Escambia and Santa Rosa sentences were to run concurrently”).

1997Admitting these facts and every conclusion favorable to *821 the state that a jury might reasonably and fairly infer from the evidence, Burke v. State, 672 So.2d 829 (Fla. 1st DCA 1995), the trial court properly denied Young's motion for judgment of acquittal on the burglary charge.

1991United States v. Agurs, 427 U.S. 97 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976); James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 , 105 S.Ct. 608 , 83 L.Ed.2d 717 (1984).

1991United States v. Agurs, 427 U.S. 97 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976); James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 , 105 S.Ct. 608 , 83 L.Ed.2d 717 (1984).

1991United States v. Agurs, 427 U.S. 97 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976); James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 , 105 S.Ct. 608 , 83 L.Ed.2d 717 (1984).

1991United States v. Agurs, 427 U.S. 97 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976); James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 , 105 S.Ct. 608 , 83 L.Ed.2d 717 (1984).