Rogers v. State, 744 So. 2d 1038 (Fla. 4th DCA 1999). · Go Syfert
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Rogers v. State, 744 So. 2d 1038 (Fla. 4th DCA 1999). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Cottrell v. Taylor, Bean & Whitaker Mortgage Corp. (fladistctapp, 2016-01-08)
Top citers, strongest first. 4 distinct citers.
cited Cited as authority (rule) Cottrell v. Taylor, Bean & Whitaker Mortgage Corp.
Fla. Dist. Ct. App. · 2016 · confidence medium
The opinion does not explain how that error occurred or the circumstances under which it was discovered — apart from saying that “the mistake in this case is similar to that in Miller." Id. at 1039.
cited Cited as authority (rule) Commonwealth Land Title Ins. Co. v. Freeman
Fla. Dist. Ct. App. · 2004 · confidence medium
Servs., Inc., 744 So.2d 1038, 1039 (Fla. 4th DCA 1999); Bortz, 675 So.2d at 624 .
discussed Cited as authority (rule) J.D. v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Servs., Inc., 744 So.2d 1038, 1039 (Fla. 4th DCA 1999)(this rule allows correction of a mistake of fact, but not a mistake of law or tactics; judicial error such as a mistaken view of the law is not subject to a correction under this rule.).
discussed Cited as authority (rule) JD v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Servs., Inc., 744 So.2d 1038, 1039 (Fla. 4th DCA 1999)(this rule allows correction of a mistake of fact, but not a mistake of law or tactics; judicial error such as a mistaken view of the law is not subject to a correction under this rule.).
Frankie Lee ROGERS
v.
STATE of Florida
No. 98-3813.
District Court of Appeal of Florida, Fourth District.
Apr 21, 1999.
744 So. 2d 1038
Margaret A. Benton, Fort Pierce, for appellant., No appearance required for appellee.
Gross, Polen, Warner.
Published

Lead Opinion

PER CURIAM.

We reverse and remand for vacation of the original judgment of conviction and sentence entered on November 1, 1994, and affirm in all other respects.

WARNER, POLEN and GROSS, JJ., concur.

Rehearing

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing and clarify our original opinion.

We affirm the denial of appellant’s motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. However, we remand to the trial court to vacate on the record the original judgment and sentence entered in this cause on November 1, 1994. The appellant had moved to withdraw his original plea in this case by motion for postconviction relief filed in 1995, which the State stipulated to and the trial court agreed to. Thereafter, also pursuant to appellant’s agreement, the trial court then accepted a new plea of no contest to the charge and later sentenced appellant. Through ministerial oversight a written order of vacation of the original judgment and sentence was not entered by the trial court, even though the plea colloquy clearly shows what transpired. On remand, the trial court should enter an order vacating the original judgment and sentence pursuant to the rule 3.850 motion directed to the original plea and judgment.

WARNER, POLEN and GROSS, JJ., concur.