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Diaundra Jones v. State of Florida, 17-2389 (2018)

Court: District Court of Appeal of Florida Number: 17-2389 Visitors: 5
Filed: Apr. 17, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-2389 _ DIAUNDRA JONES, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. April 17, 2018 PER CURIAM. Diaundra Jones appeals her sentence for grand theft, arguing only that the trial court considered improper factors when imposing an eight-month jail sentence. But because she has not challenged her conviction—only her sentence—and because she has already served that sen
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-2389
                 _____________________________

DIAUNDRA JONES,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.

                         April 17, 2018


PER CURIAM.

     Diaundra Jones appeals her sentence for grand theft, arguing
only that the trial court considered improper factors when
imposing an eight-month jail sentence. But because she has not
challenged her conviction—only her sentence—and because she
has already served that sentence, this appeal has become moot.
See Toomer v. State, 
895 So. 2d 1256
, 1256-57 (Fla. 1st DCA 2005)
(“Where one is challenging the legality of his sentence or seeking
jail credit against that sentence, and he completes the sentence
during the pendency of the appeal, the appeal may be dismissed as
moot.”). Although Jones asserts the appeal “is not moot because a
possibility exists that adverse collateral legal consequences will
befall Ms. Jones,” she has not articulated what those adverse
collateral consequences might be, and we can conceive of none.
    DISMISSED.

WOLF, OSTERHAUS, and WINSOR, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Laura Cornell Niles,
Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez,
Assistant Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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