Jules v. State

Full title: Joel Jules, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Jul 10, 2024

No. 3D23-0605 (Fla. Dist. Ct. App. Jul. 10, 2024)

Opinion

3D23-0605

07-10-2024

Joel Jules, Appellant, v. The State of Florida, Appellee.

Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant. Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. F07-913, Ariana Fajardo Orshan, Judge.

Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and LOBREE and BOKOR, JJ.

PER CURIAM.

Affirmed. See Johnson v. State, 60 So.3d 1045, 1050 (Fla. 2011) ("Since 'no evidentiary hearing is allowed' under [Florida Rule of Criminal Procedure] 3.800(a), a claim of error that the petitioner can establish only by relying on facts that are not evident on the face of the record is a claim that cannot be adjudicated under that rule provision." (quoting Brooks v. State, 969 So.2d 238, 242 (Fla. 2007))); Martinez v. State, 298 So.3d 1196, 1200 (Fla. 3d DCA 2020) (modification of a sentence after it has begun to be served does not violate double jeopardy where the defendant agreed to the modification).