| Florida Fourth District Court of Appeal Docket |
| Case Docket |
| Case Number: 4D21-2185 |
| Final Criminal 3.850 Notice from St. Lucie County |
| FREDDIE L. KELLY vs. STATE OF FLORIDA |
| Lower Tribunal Case(s):562016CF002775A |
| | |
| Date Docketed | Description | Filed By | Notes |
|---|---|---|---|
| 07/21/2021 | Notice of Appeal Filed | Freddie L. Kelly | |
| 07/21/2021 | Received Summary Record | ||
| 07/21/2021 | Acknowledgment Letter | ||
| 07/22/2021 | Mot. for Extension of time to file Initial Brief | Clerk St. Lucie CC04 | ***STRICKEN 7/23/21*** |
| 07/23/2021 | Stricken - No or Noncompliant Cert. of Service | ORDERED that appellant's July 22, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Attorney General’s Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General’s Office at the address below. The address is: Department of Legal Affairs 1515 North Flagler Drive, Suite 900 West Palm Beach, Florida 33401 Appellant may re-file the document with a proper certificate of service which indicates service on the Attorney General’s Office within fifteen (15) days from the date of this order. | |
| 08/16/2021 | Amended Notice of Appeal | Clerk St. Lucie CC04 | |
| 08/16/2021 | Mot. for Extension of time to file Initial Brief | Freddie L. Kelly | ***AMENDED*** |
| 08/17/2021 | Order Granting EOT for Initial Brief | ORDERED that appellant's August 16, 2021 motion for extension of time is granted, and appellant may serve the initial brief within ninety (90) days from the date of this order. | |
| 08/23/2021 | Mot. for Extension of time to file Initial Brief | Freddie L. Kelly | |
| 08/24/2021 | ORD-Moot | ORDERED that appellant's August 23, 2021 motion for extension of time is determined to be moot. See this court’s August 17, 2021 order. | |
| 11/18/2021 | Mot. for Extension of time to file Initial Brief | Freddie L. Kelly | |
| 02/01/2022 | Order Granting EOT for Initial Brief | ORDERED that appellant's November 18, 2021 motion for extension of time is granted, and appellant may serve the initial brief within thirty (30) days from the date of this order. | |
| 03/02/2022 | Initial Brief on Merits | Freddie L. Kelly | |
| 05/19/2022 | Affirmed - Per Curiam Affirmed | ||
| 06/17/2022 | Mandate | ||
| 06/17/2022 | West Publishing | ||
| 07/06/2022 | Order Per Section 16(b)(10)b., Fla. Const. - Time Expired | Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained. |
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