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Joshua W. Stamm v. State of Florida, 18-1009 (2019)

Court: District Court of Appeal of Florida Number: 18-1009 Visitors: 2
Filed: May 13, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-1009 _ JOSHUA W. STAMM, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Jackson County. Christopher N. Patterson, Judge. May 13, 2019 PER CURIAM. Because Appellant was extradited to Ohio, his underlying petition for writ of habeas corpus has been rendered moot and the appeal is dismissed. See Young v. State, 104 So. 3d 1100 (Fla. 2d DCA 2012) (unpublished disposition) (dismissing appeal, holding the fact
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D18-1009
                 _____________________________

JOSHUA W. STAMM,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Jackson County.
Christopher N. Patterson, Judge.

                           May 13, 2019


PER CURIAM.

     Because Appellant was extradited to Ohio, his underlying
petition for writ of habeas corpus has been rendered moot and the
appeal is dismissed. See Young v. State, 
104 So. 3d 1100
(Fla. 2d
DCA 2012) (unpublished disposition) (dismissing appeal, holding
the fact that the defendant was extradited rendered his underlying
petition for writ of habeas corpus moot); see also M.M. v. Wood, 
152 So. 3d 1280
, 1281 (Fla. 1st DCA 2015) (concluding that “while the
issue [of first impression] may conceivably recur, it will not
necessarily evade review if it does so” and declining “to exercise
our jurisdiction to address a question that has been rendered moot
by petitioner’s release from secure detention”).

    DISMISSED.
B.L. THOMAS, C.J., and BILBREY and JAY, 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 Glen P. Gifford, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Virginia Harris, Assistant
Attorney General, Tallahassee, for Appellee.




                               2

Source:  CourtListener

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