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United States Court Cases

Florida Fourth District Court Of Appeals

TRAFORI MAURICE BAILEY vs STATE OF FLORIDA

Date Docketed Description Filed By Notes
07/23/2021 Notice of Appeal Filed Public Defender-P.B. PD02
07/23/2021 Misc. LT pleadings *Judgment
07/23/2021 Acknowledgment Letter
07/23/2021 ORD-Pay Filing Fee-Criminal Appeal The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file a lower tribunal clerk's determination of indigency status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B). **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
08/06/2021 ORD-L.T. INSOLVENCY OR INDIGE. PD APPOINTED
08/06/2021 Court Reporter Acknowledgement Letter Court Reporting Services - 15th Circuit
08/16/2021 Notice of Appearance Karen E. Ehrlich 0724221
09/10/2021 Received Records Clerk Palm Beach CC02 220 PAGES
09/10/2021 Confidential Records Clerk Palm Beach CC02 18 PAGES
09/10/2021 Transcript Received Clerk Palm Beach CC02 590 PAGES
09/10/2021 Received Exhibits Clerk Palm Beach CC02 1 ENVELOPE
09/13/2021 Notice Alan Terry Lipson 0151810 OF SUBSTITUTION OF COUNSEL WITHIN THE SAME OFFICE
10/07/2021 Notice of Agreed Extension - Initial Brief
10/07/2021 Recognizing Agreed Extension of Time TO 11/10/2021
11/08/2021 Notice of Agreed Extension - Initial Brief Alan Terry Lipson 0151810
11/08/2021 Recognizing Agreed Extension of Time 30 DAYS TO 12/10/21
12/10/2021 Notice of Agreed Extension - Initial Brief Alan Terry Lipson 0151810
12/10/2021 Recognizing Agreed Extension of Time 30 DAYS TO 1/9/22.
01/06/2022 Anders Brief Alan Terry Lipson 0151810 ***STRICKEN 5/9/22***
01/06/2022 Motion To Withdraw as Counsel Alan Terry Lipson 0151810
01/07/2022 ORD-Respond to Motion to Withdraw It appearing that the Public Defender, Fifteenth Judicial Circuit, has filed a Motion to Withdraw together with a memorandum brief asserting no arguable merit in this case, it is upon consideration: ORDERED that the appellant may, within thirty (30) days, if he or she wishes to do so, file with this court an additional brief calling the court's attention to any matters that he or she feels should be considered in connection with the appeal in this cause, and shall at the same time cause a copy of said brief to be served on the attorney for appellee, which is the Office of the Attorney General, 1515 North Flagler Drive, Suite 900, West Palm Beach, Florida, 33401, and further, ORDERED that appellee shall have ten (10) days from the date of this order to respond to the Motion to Withdraw and thirty (30) days after service of pro se appellant's brief to file any responsive brief.
04/18/2022 Supplemental Briefing Required ORDERED that this court defers ruling on counsel’s motion to withdraw. Within thirty (30) days of this order, counsel shall file a supplemental brief to address any issues associated with discrepancies between the oral ruling and written order regarding conditions of probation and fees and costs. See, e.g. Rivera v. State, 4D21-1786, 2022 WL 945511, at *2 (Fla. 4th DCA Mar. 30, 2022); Sandoval v. State, 2022 WL 473010, 47 Fla. L. Weekly D441 (Fla. 4th DCA Feb. 16, 2022); Bartolone v. State, 327 So. 3d 331, 336 (Fla. 4th DCA 2021).
04/28/2022 Supplemental Appellant's Initial Brief Alan Terry Lipson 0151810 ***STRICKEN 5/9/22***
05/09/2022 ORD-Stricken ORDERED that, pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), this court sua sponte strikes appellant’s initial and amended briefs filed on January 6, 2022, and April 28, 2022, in order to permit the filing of a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Counsel for appellant shall file the motion with the lower tribunal within twenty (20) days of the date of this order, and the lower tribunal is directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall thereafter transmit a supplemental record on appeal pursuant to Florida Rule of Appellate Procedure 9.140(f)(6), and counsel for appellant shall file an amended initial brief within (20) twenty days following transmittal of the supplemental record.
05/12/2022 Notice of Pending Motion to Correct Sentencing Error Alan Terry Lipson 0151810
06/29/2022 Order to File Status Report ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of appellant’s motion to correct sentencing error pending in the trial court.
07/05/2022 Status Report Alan Terry Lipson 0151810
07/25/2022 Supplemental Records Clerk Palm Beach CC02 19 PAGES
07/26/2022 Initial Brief on Merits Alan Terry Lipson 0151810
08/02/2022 Notice Alan Terry Lipson 0151810 OF RELATED CASE