State v. Schebel, 92,469.
| Decision Date | 07 January 1999 |
| Docket Number | No. 92,469.,92,469. |
| Citation | 723 So.2d 830 |
| Parties | STATE of Florida, Petitioner, v. Timothy SCHEBEL, Respondent. |
| Court | Florida Supreme Court |
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Trina Kramer, Assistant Attorney General, Tallahassee, Florida, for Petitioner.
Timothy Schebel, pro se, Sanderson, Florida, for Respondent.
The State of Florida seeks review of a decision of the First District Court of Appeal. The district court's opinion certified the following questions to be of great public importance:
State v. Schebel, 23 Fla. L. Weekly D556, D557 (Fla. 1st DCA Feb. 17, 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Timothy Schebel filed a motion for post conviction relief under Florida Rule of Criminal Procedure 3.850 in the Circuit Court of the Fourteenth Judicial Circuit, alleging that his sentence was illegal as it exceeded the statutory maximum for a youthful offender. The trial court summarily denied his motion, and Schebel appealed to the First District Court of Appeal. The district court found that the issue raised was more properly cognizable under Florida Rule of Criminal Procedure 3.800. The district court also noted that it was unable to determine whether Schebel was entitled to relief "because none of the sentences imposed was attached to the order or included in the record." Schebel, 23 Fla. L. Weekly at D556. In addition to certifying the two questions to this Court, the district court reversed the trial court's order and...
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MZ v. State, 98-2842.
...of facts than to a decision made within the context of an actual justiciable controversy between the parties. See, e.g., State v. Schebel, 723 So.2d 830 (Fla.1999)(declining to base appellate jurisdiction on "speculative facts" because it would lead to an opinion which "would necessarily be......
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Kelly v. State, 99-629.
...normally be bound by the youthful offender limitation. Cf. Schebel v. State, 721 So.2d 1177 (Fla. 1st DCA 1998), appeal dismissed, 723 So.2d 830 (Fla.1999), (consecutive youthful offender sentences exceeding applicable maximum of six years are illegal); Nguyen v. State, 566 So.2d 368 (Fla. ......
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Bryant v. State, 4D03-3732.
...4th DCA 1997); Swilley v. State, 781 So.2d 458 (Fla. 2d DCA 2001); Schebel v. State, 721 So.2d 1177 (Fla. 1st DCA 1998) rev. dism. 723 So.2d 830 (Fla. 1999). The merit of Bryant's claim may hinge on whether his violation of probation was substantive or technical. § 958.14, Fla. Stat. (1998)......
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Nix v. Nix, SC06-1326.
...The issue certified is not applicable to this case and any decision by this Court would only be advisory. See State v. Schebel, 723 So.2d 830, 830 (Fla. 1999); Interlachen Lakes Estates, Inc. v. Brooks, 341 So.2d 993, 995 (Fla.1976). In addition, the issue involving the formula to be used t......
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Taking the pathway of discretionary review toward Florida's highest court.
...v. Baya, 355 So. 2d 1170, 1171 (Fla. 1977). (54) Floridians for a Level Playing Field, 967 So. 2d at 833; see also State v. Schebel, 723 So. 2d 830, 830-31 (Fla. 1999) (holding jurisdiction improvidently granted where facts were so speculative that district court was unable to reach decisio......