Florida District Courts of Appeal, 2016

Corey Capehart v. State of Florida

Corey Capehart v. State of Florida
Florida District Courts of Appeal · Decided November 1, 2016

Corey Capehart v. State of Florida

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA COREY CAPEHART, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-884 STATE OF FLORIDA, Respondent. ___________________________/

Opinion filed November 2, 2016.

Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction.

Corey Capehart, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied except as it relates to the trial court’s oral pronouncement prohibiting early termination of probation, which is hereby stricken. See Arriaga v. State, 666 So. 2d 949 (Fla. 4th DCA 1996). Since this pronouncement was not reduced to writing, there is no need to remand for correction of the judgment and sentence or the order of probation.

LEWIS, WETHERELL, and JAY, JJ., CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.