Brooks v. State

Decision Date12 January 2007
Docket NumberNo. SC06-1266.,SC06-1266.
Citation948 So.2d 758
PartiesBROOKS v. STATE.
CourtFlorida Supreme Court

Appeal from 4th DCA 930 So.2d 835.

Decision without published opinion. Rev. granted.

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5 cases
  • Brooks v. State
    • United States
    • Florida Supreme Court
    • October 25, 2007
    ...standard. Id. We have jurisdiction to resolve the conflict and granted review. See art. V, § 3(b)(4), Fla. Const.; Brooks v. State, 948 So.2d 758 (Fla.2007) (granting review). We agree with the Fourth Below, we first review our decision in Anderson. Next, we discuss the facts of this case a......
  • Lane v. State
    • United States
    • Florida District Court of Appeals
    • July 5, 2007
    ... ... [961 So.2d 995] ...         No appearance required for appellee ...         PER CURIAM ...         The lower court properly denied appellant's rule 3.800(a) motion by applying the "could-have-been-imposed" harmless error test. Brooks v. State, 930 So.2d 835 (Fla. 4th DCA 2006) (en banc), review granted, 948 So.2d 758 (Fla.2007). As we did in Ghanem v. State, 947 So.2d 1252 (Fla. 4th DCA 2007), we affirm without prejudice to appellant seeking relief in the lower court pursuant to rule 3.850, within the time remaining under that ... ...
  • Macool v. State, 5D07-2075.
    • United States
    • Florida District Court of Appeals
    • August 14, 2007
    ... ... Lubet, Judge ...         Hanna Macool, Monticello, pro se ...         No Appearance for Appellee ...         PER CURIAM ...         AFFIRMED. See Montoya v. State, 943 So.2d 253 (Fla. 3d DCA 2006); Brooks" v. State, 930 So.2d 835 (Fla. 4th DCA 2006), review granted, 948 So.2d 758 (Fla.2007) ...      \xC2" ... ...
  • Taylor v. State
    • United States
    • Florida District Court of Appeals
    • May 9, 2007
    ... ... Contrary to the state's argument on appeal, the alleged scoresheet errors could not be raised in a rule 3.800(a) motion, because the sentence Taylor received could have been imposed notwithstanding the alleged errors. See Brooks v. State, 930 So.2d 835 (Fla. 4th DCA 2006), rev. granted, 948 So.2d 758 (Fla.2007) ...         When Taylor entered an open plea in this case, the trial judge stated that he did not intend to sentence him above the lowest permissible sentence on the scoresheet. The record does not show ... ...
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