Nieves v. State

Decision Date11 December 2002
Docket NumberNo. 4D02-3100.,4D02-3100.
Citation833 So.2d 190
PartiesSalvador NIEVES, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Salvador Nieves, Miami, pro se.

Richard E. Doran, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. Hersey v. State, 831 So.2d 679(Fla. 5th DCA 2002).

STONE, KLEIN, and TAYLOR, JJ., concur.

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19 cases
  • Green v. State, 2D02-2430.
    • United States
    • Florida District Court of Appeals
    • January 31, 2003
    ...The Fourth District, too, appears to hold this view. In two cases decided without opinions, it has cited Hersey. Nieves v. State, 833 So.2d 190 (Fla. 4th DCA 2002); Green v. State, 832 So.2d 199 (Fla. 4th DCA We disagree with those decisions. We hold that chapter 02-212 cannot be applied re......
  • Hernandez-Molina v. State
    • United States
    • Florida District Court of Appeals
    • November 19, 2003
    ...opinions citing or relying on Hersey from which we now recede. See Bruso v. State, 837 So.2d 1077 (Fla. 4th DCA 2003); Nieves v. State, 833 So.2d 190 (Fla. 4th DCA 2002); Green v. State, 832 So.2d 199 (Fla. 4th DCA 2. Although the dissent also finds a lack of connection with regard to the p......
  • Jones v. State
    • United States
    • Florida District Court of Appeals
    • March 26, 2004
    ...This court originally said it may be retroactively applied. Hersey. The Fourth District Court once followed this court. Nieves v. State, 833 So.2d 190 (Fla. 4th DCA 2002) (citing Hersey). However, upon further reflection, it receded from its prior opinions that relied on this court's decisi......
  • Fillyaw v. State
    • United States
    • Florida District Court of Appeals
    • September 5, 2003
    ...This court says it may be retroactively applied. Hersey; Carlson. The Fourth District has followed this court. Nieves v. State, 833 So.2d 190 (Fla. 4th DCA 2002) (citing If not for this court's decisions in Hersey, Carlson, and their progeny, I would hold that Fillyaw's sentence should be r......
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