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Daniel Lamar Williams v. State of Florida, 17-4593 (2019)

Court: District Court of Appeal of Florida Number: 17-4593 Visitors: 7
Filed: Aug. 01, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4593 _ DANIEL LAMAR WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. August 1, 2019 PER CURIAM. AFFIRMED. See Kline v. State, 44 Fla. L. Weekly D1471a (Fla. 1st DCA June 7, 2019) (holding that where it is unclear whether the trial court used the correct standard to deny a motion for new trial, “the potential that the trial court erred does not reach the
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4593
                 _____________________________

DANIEL LAMAR WILLIAMS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Steven B. Whittington, Judge.

                         August 1, 2019


PER CURIAM.

     AFFIRMED. See Kline v. State, 44 Fla. L. Weekly D1471a (Fla.
1st DCA June 7, 2019) (holding that where it is unclear whether
the trial court used the correct standard to deny a motion for new
trial, “the potential that the trial court erred does not reach the
level of fundamental error”).

RAY, C.J., and ROWE, J., concur; OSTERHAUS, J., dissents with
opinion.
                _____________________________

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

OSTERHAUS, J., dissenting.

    I would reverse and remand for further consideration. See
Palmer v. State, 
196 So. 3d 1289
(Fla. 1st DCA 2016).

                _____________________________


Andy Thomas, Public Defender, and Barbara J. Busharis,
Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Benjamin L. Hoffman,
Assistant Attorney General, Tallahassee, for Appellee.




                             2

Source:  CourtListener

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