N W F R v. JUN O CASE NO: 1D176

Transcription

1 IN THE DISTRICT COURT OF APPEAL FOR c c_ THE FIRST DISTRICT, STATE OF FLORIDA DARIEN T. FLOWERS Appellant/Petitioner, RECD BY N W F R v. JUN O CASE NO: 1D176 STATE OF FLORIDA, INITIALS p Appellee/Respondent, -r O NOTICE TO INVOKE DISCRETIONARY JURISDICTION NOTICE IS GIVEN, The petitioner, Darien T. Flowers, pro se, invokes the discretionary jurisdiction of the lorida Supreme Court to review the decision of this court rendered on the ff, day of /V/W' Q U The decision is within the discretionary jurisdiction of the Florida Supreme Court because of one, or more of the following reasons: 1.The petitioner believes that there is an abuse of discretion in his case at bar due to the First District Court of Appeals allowed the trial court to deny his Motion For Postconviction Relief as untimely when it was not due to the defendant was resentenced and the defendant/petitioner has also filed under a Manifest Injustice and it was denied without addressing the merits to his claims that are supported by Statutory Laws Case Laws. 2.The petitioner also believes that there is an abuse of discretion in his case at bar due to the First District Court of Appeals must have overlooked all the U.S. and Florida Constitutional violations that transpired throughout his case not only at the pre-trial stage but also at the trial itself and then throughout his appeal. 3. The petitioner also believes that there is an abuse of discretion in his case at bar due to the First District Court of Appeals was shown that the Trial Court clearly denied the petitioners grounds as un-timely, when he has shown that it was not un-timely due to the resentenci same criminal episode thus, allowing the Trial Court to also denied the defendant i CERTIFY THE ABOVE T JON S. WHEEL 1 FIR ISTRICT CO BY: EPUTY CLER

2 Manifest Injustice claims without addressing the merits or the Constitutional violations that transpired throughout his postconviction relief proceedings, of those claims goes against principals of the criminal justice system" as well as both of the Constitutions United States and the Florida Constitutions. 4. The petitioner states that there is numerous Cases Laws, Statutory Laws, and Constitutional Laws, that support the imposition of his claims. The appellant states that if this Honorable court will grant discretionary review in his case that he and the record will show that both the Trial Court and the Appellate Court have abused their discretion by denying his postconviction remedies the petitioner has demonstrated that relief is warranted in his case due to all the Constitutional violation, as well as the defendants/ petitioners right to the effective assistance of counsel and his fundamental due process rights under the 5* 6* and 14* amendments as well as the adopted Florida Constitutional provisions. Re lly Submitted, arien T. F1 ers, prose, CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing Notice to Invoke Discretionary Jurisdiction been placed into the hands of institutional staff at Northwest Florida Reception Center for delivery by U.S mail First District Court of Appeals at: 2000 Drayton Drive, Tallahassee, Florida and the attorney General at : PL- he Cap ol Tallahassee, Florida on this day of June, Darien T. Flowersprose, DC #:J3586$ N.W.F.R.C. Annex/N Sam Mitchell Drive Chipley, Florida

3 IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DARIEN FLOWERS, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D STATE OF FLORIDA, Appellee. Opinion filed March 21, An appeal from an order ofthe Circuit Court for Duval County. Marianne L. Aho, Judge. Darien Flowers, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. DISMISSED. See Rivera v. Department of Health, 177 So. 3d 1 (Fla. 1st DCA 2015). WOLF, MAKAR, and M.K. THOMAS, JJ., CONCUR.

4 DISTRICT COURT OF APPEAL, FIRST DISTRICT 2000 Drayton Drive Tallahassee, Florida Telephone No. (850) May 04, 2017 CASE NO.: 1D L.T. No.: CF AXX Darien Flowers v. State of Florida Appellant / Petitioner(s), Appellee / Respondent(s) BY ORDER OF THE COURT: Appellant's motion filed April 11, 2017, for rehearing/reconsideration is denied. I HEREBY CERTIFY that the foregoing is (a true copy of) the original court order. Served: Hon. Pamela Jo Bondi, A. G. Darien Flowers Jm J S. WHEELER, CLERK

5 DISTRICT court OF APPEAL FIRST DISTRICT STATE OF FLORIDA 2000 DRAYTON DRIVE TALLAHASSEE, FLORIDA JON S. WHEELER. KAREN ROBERTS CLERK OF THE COURT - CHIEF DEPUTY CLERK Mr, 2017 Re: Doden Ѿ3erS Appeal No.: 1D 3-(pQ6 Trial Court No.: ;b-2co7 - c F-oBo (oy -Axx Trial Court Judge: t-bo. Dear Mr. Tomasino: Attached is a certified copy of the Notice invoking the Discretionary Jurisdiction of the Supreme Court, pursuant to Rule 9.120, Florida Rules of Appellate Procedure. Attached also is this Court's opinion or decision relevant to this case. _ The filing fee prescribed by Section (3), Florida Statutes, was received by this court and is attached. _ The filing fee prescribed by Section (3), Florida Statutes, was not received by this court. Petitioner/Appellant has previously been determined insolvent by the circuit court or our court in the underlying case. Petitioner/Appellant has already filed, and this court has granted, petitioner/appellant's motion to proceed without payment of costs in this case. No filing fep was required in the underlying case in this court because it was:./ A summary Appeal, pursuant to Rule From the Unemployment Appeals Commission A Habeas Corpus proceeding A Juvenile case Other If there are any questions regarding this matter, please do not hesitate to contact this Office. A motion postppning rendition pursuant to Florida Rule of Appellate Procedtire 9.020(i) is or is NOT pending in the lower tribunal at the time of filing this notice of appeal. k oo O<des òoked Sizz n V V onismanda.ie issued + Jon S. Wheeler Clerk of the Court By: Deputy Clerk